Foretravel, Inc. - Page 31

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            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 move                                        




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