- 10 - Santa Cruz. After 4 weeks, 3-Koam determined that the games did not attract sufficient customers and had no residual value; it then abandoned the purported plan to distribute the games. Finally, 3-Koam never attempted to sell the games in an effort to recoup some of its alleged $90,000 investment. The absence of arm's-length dealings among the parties, for example, where two entities under common ownership are involved in a "money movement transaction" is a factor often present in sham transactions. Karme v. Commissioner, 73 T.C. 1163, 1186 (1980), affd. 673 F.2d 1062 (9th Cir. 1982). In Karme, taking into account the relationship between the two parties, we found that the taxpayer was not genuinely at risk for any money, despite purported indebtedness between the entities. Id. at 1189. Two of 3-Koam's partners formed Inkax for the alleged purpose of marketing video games for 3-Koam; plainly the partnerships are closely related. On its 1990 Form 1065, 3-Koam deducted a $90,000 research and development expense; however, neither 3-Koam nor Inkax ever paid Dooyong for its development efforts.5 More importantly, 5 At trial and on brief, 3-Koam claims that Inkax's failure to pay Dooyong has absolutely no bearing on the propriety of the accrual by 3-Koam of the $90,000 research and development expenditure, because the taxpayer here is 3-Koam, not Inkax. As such, petitioner argues that 3-Koam properly "paid or accrued" the amount claimed as a deduction pursuant to sec. 461(a). However, accounting methods or descriptions, without more, do not lend substance to that which has no substance. Frank Lyon Co. v. United States, 435 U.S. 561, 577 (1978) (citing Commissioner v. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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