Sheldon R. and Phyllis Milenbach, et al. - Page 32

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          Irwindale MOA and the Irwindale MOA, by its own terms, did not              
          contemplate any type of financing other than general obligation             
          bonds, as shown by the negotiation problems that arose after the            
          legislation was passed.  None of the alternative financing                  
          proposals was acceptable to the parties.                                    
               Under the terms of the Irwindale MOA, Irwindale and the                
          Raiders pledged to work in good faith to overcome any third-party           
          obstacle.  Although the Raiders and Irwindale continued to                  
          negotiate toward an agreement, they were not bound by the terms             
          of the Irwindale MOA that could not at that time be legally                 
          implemented.  The Raiders were relieved of their obligation to              
          repay the initial $10-million advance in 1988 and thus must                 
          recognize discharge of indebtedness income in that year.                    
               Because we have determined that the Raiders had income                 
          during 1988 resulting from discharge of indebtedness, we do not             
          address respondent’s alternative argument that petitioners had              
          income arising from the Raiders' being discharged of indebtedness           
          during 1989.                                                                
          Bad Debt Deduction                                                          
               Section 166(a) provides that a taxpayer may deduct any debt            
          that becomes wholly or partially worthless within the taxable               
          year.  The parties do not dispute the existence of a bona fide              
          debt between the Raiders and Speck, but, instead, they disagree             
          as to whether any portion of the Speck debt became worthless                
          during 1986.                                                                




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