-63- This factor weighs toward a finding that decedent’s use of the funds of the LRFLP did not create bona fide debt. viii. Inability To Obtain Comparable Financing The question of whether a transferee could have obtained comparable financing from an independent source is relevant in measuring the economic reality of a transfer. See Roth Steel Tube Co. v. Commissioner, supra at 631; Estate of Mixon v. United States, supra at 410. Evidence that a transferee could not at the time of the transfer obtain a comparable loan from an arm’s- length creditor weighs against a finding of bona fide debt. See Roth Steel Tube Co. v. Commissioner, supra at 631; Stinnett’s Pontiac Serv., Inc. v. Commissioner, 730 F.2d at 640; Calumet Indus., Inc. v. Commissioner, 95 T.C. 257, 287 (1990). We do not believe that a creditor dealing at arm’s length would have lent decedent money under the terms that petitioners allege were entered into between decedent and the LRFLP. This factor weighs toward a finding that decedent’s use of the funds of the LRFLP did not create bona fide debt. ix. Subordination The subordination of purported debt to the claims of other creditors weighs against a finding of bona fide debt. See Roth Steel Tube Co. v. Commissioner, supra at 631-632; Stinnett’s Pontiac Serv., Inc. v. Commissioner, supra at 639.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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