-32--32- 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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