- 128 - repayment was dependent on the success of the venture. We reach that conclusion because petitioners lacked the intent to repay, the transactions were not at arm's length, an unrelated creditor would not have made similar advances, and the transactions were driven solely by tax-avoidance motives. Gilbert v. Commissioner, supra; Gilboy v. Commissioner, supra. Accordingly, the treatment of the loans as valid indebtedness would not comport with the intent of section 163. Therefore, respondent's determinations will be sustained as to this issue. V. The $236,313 That MDT Paid to MSI as a Marketing Fee Petitioners deducted $236,313 as a marketing expense on their fiscal year 1987 (December 1, 1986, to November 30, 1987) Federal tax return. Petitioners argue that MDT paid MSI the money as compensation for the use of MSI personnel in connection with opening the California castle. Respondent contends that the payments were an attempt to split profits between MSI and MDT and, as such, were not deductible. Respondent also contends that the documents memorializing the transaction were backdated. Petitioners sought advice from C&L on how to structure an arrangement where two entities could share profits and losses equally while one company retained the benefit of appreciation in the property. In October 1986, C&L gave petitioner advice that consisted of warnings about tax implications and a suggestion to set up a management agreement with fees contingent on profits.Page: Previous 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 Next
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