- 31 - obligation may not deduct the payment to satisfy the guarantee if, considering the circumstances when the guarantee was created, the payment constitutes a contribution to capital. Plantation Patterns, Inc. v. Commissioner, 462 F.2d 712, 722-723 (5th Cir. 1972), affg. T.C. Memo. 1970-182. We are satisfied that the guarantee, originally entered into with Idaho First on September, 9, 1985, was bona fide. Prior to that date, Fishfader guaranteed Northwest's financing, and Northwest showed signs of promise. We conclude that petitioner's payments pursuant to the guarantee agreement were properly deducted by petitioner as bad debts. Respondent concedes that the transactions before October 10, 1988, created bona fide debts. We do not agree with respondent that the debt-equity analysis begins at ground zero on October 10, 1988. Forcing petitioner to run the entire debt-equity gauntlet for every transaction after October 10, 1988, is artificial and ignores the facts of this case. We focus on the events that transpired between early 1988 and June 30, 1989. In April 1988, Northwest wrote checks payable to petitioner that the bank rejected due to insufficient funds. In October 1988, Franklin learned that Northwest was out of trust and that Chrysler First expected payment from petitioner on the floorplan guarantee. The entire motor home industry suffered a slowdown in the spring of 1988, as indicated by Northwest's competitors' selling new coaches at cost or below cost in an attempt to movePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011