Reza and Connie M. Rezazadeh - Page 15

                                       - 15 -                                         

          motive in making the loans was to protect petitioner's                      
          investment.  United States v. Generes, 405 U.S. 93 (1972).  While           
          the Court is satisfied that petitioner's ultimate goal was for              
          the corporation to earn sufficient income whereby he could retire           
          from the University and have a higher standard of living, at the            
          time the loans were made, petitioner was in the process of                  
          nurturing the corporation.  Had petitioner not made the loans to            
          the corporation, the corporation would not have survived, and               
          petitioner's substantial investment of $20,000 would have been at           
          risk.  Although petitioner had a significant motive for                     
          protecting his employment, the dominant motive was to protect and           
          enhance his investment in the corporation.                                  
               Petitioner argued on brief that the $203,948.42 judgment               
          rendered by the Iowa court in favor of the corporation                      
          represented a trade or business asset of the corporation, and,              
          since the judgment was transferred to petitioner, the trade or              
          business characteristics of that judgment also transferred to               
          petitioner.  Thus, petitioner argues, the "debt" was a business             
          bad debt.  The Court rejects that argument.  The tax                        
          characteristics of the judgment are not before the Court.  The              
          tax characteristics of petitioner's advances to the corporation             
          are at issue.  In the transfer, petitioner received an asset, a             
          judgment, which unfortunately turned out to have no value.  The             
          debt owing to petitioner from the corporation always remained as            





Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011