See Bordo Products Co. v. United States, 476 F.2d 1312, 1324, 201 Ct.Cl. 482, 501 (1973). Cf. Rombach v. United States, 440 F.2d 1356, 1359, 194 Ct.Cl. 530, 534 (1971). Simmons has been an accountant with Ernst Ernst since 1953 and is head of the tax department of the Birmingham office.
Defendant devotes a significant portion of its brief to the contention that "plaintiff's declarations of subjective intent are irrelevant and immaterial." Defendant's case citations do not support its conclusion, but rather confirm that such declarations are relevant and will be considered but with the caveat that they will never be determinative by reason of being infected with a self-interest that cannot prevail over inferences drawn from objective acts. Cf. Rombach v. United States, 440 F.2d 1356, 1359, 194 Ct.Cl. 530, 534 (1971). The fact that a party has sought to protect its creditor status by obtaining security enhances the possibility that its advances will be considered debt rather than capital contributions.