Sheldon R. and Phyllis Milenbach, et al. - Page 22

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          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.                                                           




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