PK Ventures, Inc. and Subsidiaries, et al. - Page 16

                                       - 105 -                                        
          so courts have focused on certain objective factors to                      
          distinguish bona fide loans from disguised dividends and other              
          distributions, compensation, and contributions to capital.  The             
          factors considered relevant for purposes of identifying bona fide           
          loans include (1) the existence or nonexistence of a debt                   
          instrument; (2) provisions for security, interest payments, and a           
          fixed payment date; (3) the right to enforce the payment of                 
          principal and interest; (4) whether repayments were made; (5) the           
          source of the funds used to repay the creditor; (6) the failure             
          of the debtor to pay on the due date or to seek a postponement;             
          (7) a status equal to or inferior to that of regular business               
          creditors; (8) “thin” or adequate capitalization; (9) the                   
          debtor’s ability to obtain loans from outside lending                       
          institutions; (10) identity of interest between the business                
          owner and the debtor or creditor; (11) the extent of a business             
          owner/creditor’s participation in management; and (12) treatment            
          of the transferred funds on the business’s books.  See Estate of            
          Mixon v. United States, 464 F.2d 394, 402 (5th Cir. 1972); In re            
          Indian Lake Estates, Inc., 448 F.2d 574, 578-579 (5th Cir. 1971);           
          see also Haag v. Commissioner, supra at 616-617 & n.6; Haber v.             
          Commissioner, supra at 266.  Each case turns on its own factors,            
          and “‘differing circumstances may bring different factors to the            
          fore.’”  Jones v. United States, 659 F.2d 618, 622 (5th Cir.                
          1981) (quoting Slappey Drive Ind. Park v. United States, 561 F.2d           






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