There seem to be two separate issues:
1) ACTUAL capital. Oversimplified, but this will normally boil down to whether it was the clmt’s or someone elses.
If something is ACTUAL capital, it cannot be notional capital.
2) If it is established that the time it not ACTUAL capital, then consideration is given to NOTIONAL capital. For notional capital, the correct test to apply is whether or not there was [u:4b3ccd0d47]a[/u:4b3ccd0d47] [b:4b3ccd0d47]significant operative purpose[/b:4b3ccd0d47] by the person to deprive him/herself of capital in order to increase, or obtain, benefit.
The purpose does not need to be the DOMINANT purpose; the (or “a”) purpose only needs to be SIGNIFICANT.
Hope that helps.