- 2 - After concessions,1 the issues for decision are: 1. Whether petitioner's transfer of $350,000 to Swirl, Inc. (Swirl), in October 1986 was a loan or a contribution to capital. We hold that it was a loan. 2. Whether, based on our holding that petitioner lent $350,000 to Swirl, petitioner may deduct as a bad debt $290,325, as respondent contends; $308,000, as petitioner contends; or some other amount. We hold that petitioner may deduct the amount that Swirl owed petitioner less the amount that petitioner owed Swirl on December 31, 1988. 3. Whether petitioner is liable for the addition to tax for failure to file under section 6651(a). We hold that he is. Section references are to the Internal Revenue Code in effect for the year in issue. Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT Some of the facts have been stipulated and are so found. A. Petitioner Petitioner lived in New York City when he filed the petition. Petitioner received a bachelor of science degree in economics from the Wharton School at the University of Pennsylvania in 1968. Larry Nachman is petitioner's brother. 1 Respondent concedes that petitioner is not liable for the addition to tax for negligence for 1988.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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