- 22 - 662 (9th Cir. 1960), affg. 31 T.C. 938 (1959). This could be the case if it appears that the recipient of the transfer treats an obligation to repay the transfer as less bona fide than its other obligations, such as, for example, if the recipient of the funds paid other expenses or made other payments to the person providing the funds while not repaying the advance at issue. Swirl did not pay petitioner the principal on the notes, and New Swirl did not assume petitioner's $350,000 advance as a liability, even though it bought Swirl’s assets and assumed most of its liabilities. This factor suggests that the transfer was equity. 5. Conclusion While no single factor controls, according to the preponderance of the evidence, we hold that petitioner's $350,000 advance was debt. B. The Amount of Petitioner’s Bad Debt Deduction for 19884 1. Petitioner's Calculation Elias calculated petitioner's 1988 bad debt deduction by netting the face amounts of the facility purchase mortgage, the May 1985 loan, and the $350,000 October 1986 loan. Elias first subtracted $270,000, the amount of the May 1985 loan which Swirl was required to pay petitioner, from $312,500, the face amount of the facility purchase mortgage which petitioner owed to Swirl, 4 The parties agree that if the advance is debt it became worthless in 1988.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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