- 112 - relating to the transfers and applied the factors discussed in the preceding section to determine whether the transfers were bona fide debt or capital contributions. Petitioners argue that the following factors support their contention that the transfers from PK Ventures, TBPC, and TPTC to PKVI LP during 1986 through 1991 were bona fide loans: (1) Formal indicia of debt, (2) risk involved, (3) participation in management and identity of interest, (4) intent of the parties (5) capitalization, (6) independent financing, and (7) acquisition of capital assets and failure to repay on the due date. In making their argument, petitioners do not attempt to distinguish the transfers from TBPC and TPTC to PKVI LP from the transfers between PK Ventures and PKVI LP. Accordingly, from this point forward, we refer to these transfers as occurring between PK Ventures and PKVI LP. After considering the relevant factors and weighing the evidence, we reject petitioners’ contention that the transfers from PK Ventures to PKVI LP were bona fide loans for the reasons discussed below. First, we are unpersuaded that the PKVI LP promissory notes are reliable evidence of any indebtedness between PKVI LP and PK Ventures. There is no indication that the PKVI LP promissory notes were completed contemporaneously with PKVI LP’s receipt of funds from PK Ventures. Rather, Rose testified that his preparation of the PKVI LP promissory notes was “ministerial” andPage: Previous 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Next
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