Philip E. And Joan Bauer, Federal Meat Co. And Phillip and Ruth Himmelfarb v. Commissioner of Internal Revenue

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding the court’s focus is “primarily-directed at ascertaining the intent of the parties”
• comparing ratios of stock ownership and putative debt in the tax context
• stating that 11 factors are considered
• sec. 1.385-6(f)(3), Income Tax Regs. , provides a safe harbor within which corporation's debt not excessive
• “[T]he question of whether an advance to a corporation is debt or equity is “primarily directed at ascertaining the intent of the parties.” .... [T]his determination is a question of fact, “which, when once resolved by the district court, cannot be overturned unless clearly erroneous.” ”
• “[t]he determination of . . . debt or equity depends on the distinction between a creditor who seeks a definite obligation that is payable in any event, and a shareholder who seeks to make an investment and to share in the profits and risks of loss in the venture”

Source: CourtListener parenthetical corpus (CC0).