- 118 - (3) the financing arrangements into which Rose had entered in connection with his acquisition of control of PK Ventures during 1990; and (4) the financing arrangements between PKVI LP and unrelated parties. Tenth, although some of the labels used to describe the transfers from PK Ventures to PKVI LP on these businesses’ books classified the transfers as debt, these labels cannot overcome the substance of these transfers. See Estate of Mixon v. United States, 464 F.2d at 403-404; cf. Gregory v. Helvering, 293 U.S. at 468-470. Based upon our analysis of the relevant factors, we conclude that these transfers were, in substance, contributions of capital from PK Ventures to PKVI LP. Based on the foregoing, we sustain respondent’s determination that PKVI LP should not have deducted $100,661 of interest expense on its Form 1065 for 1991 with respect to these transfers. The parties agree, and the Court is persuaded, that we do not have jurisdiction over the adjustments made in the notice of deficiency sent to PKV&S with respect to imputed interest income reported on Forms 1120 for 1990 and 1991 and a bad debt deduction claimed on Form 1120 for 1991. Issue #3--Transfers From PK Ventures, TBPC, and TPTC to Zephyr The characterization of transfers from PK Ventures and its subsidiaries to Zephyr is relevant only to the bad debt deductions claimed by PKV&S and disallowed in the notice ofPage: Previous 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 Next
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