-22--22- Raiders did not construct the suites, the LAMCC was without a source for repayment. Respondent points out that courts, including this Court, have recognized the concept that, to be a valid debt for tax purposes, there must exist an unconditional obligation to repay. See, e.g., Midkiff v. Commissioner, 96 T.C. 724, 734-735 (1991), affd. sub nom. Naguchi v. Commissioner, 992 F.2d 226 (9th Cir. 1993) (quoting Howlett v. Commissioner, 56 T.C. 951, 960 (1971) (“Indebtedness is ‘an existing, unconditional, and legally enforceable obligation for the payment of a principal sum.’”)). The Raiders’ obligation to repay the LAMCC was both conditional and contingent in these cases. Because the Raiders had the ability to control the repayment, the Raiders’ dominion and control over the funds at the time they received them was sufficient to require their inclusion in the Raiders’ gross income. No evidence was presented to indicate that the LAMCC sought to enforce the Raiders’ agreement to build the suites prior to the Raiders’ announcement of their intention to move to Irwindale in late 1987. Petitioners presented testimony of representatives of both the Raiders and the LAMCC, purportedly to show the intent to repay and to enforce repayment. The testimony is ambiguous and is contradicted in many respects by documentary exhibits. The objective manifestations of intent in this instance are more persuasive to us.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011