3-KOAM Company, A Partnership, My Hat, Inc., Tax Matters Partner - Page 11

                                       - 11 -                                         
          3-Koam concedes that sometime after March of 1991, it received              
          the $90,000 back from Inkax, purportedly in the form of a loan.             
               Respondent argues, however, that the $90,000 transferred               
          back to 3-Koam fails to exhibit any indicia of a loan, and in               
          substance is actually a repayment of the proceeds originally                
          disbursed by 3-Koam to Inkax pursuant to the alleged research and           
          development agreement.  See Frierdich v. Commissioner, T.C. Memo.           
          1989-393, affd. 925 F.2d 180 (7th Cir. 1991) (factors to consider           
          in deciding whether a bona fide loan exists between related                 
          parties).                                                                   
               On brief, petitioner argues that we need not decide this               
          point, because whether or not Inkax lent the $90,000 to 3-Koam in           
          1991 has no bearing on whether 3-Koam actually incurred the                 
          research and development expenses; and therefore it may properly            
          deduct the expense in 1990.  See sec. 461(a) (all events test).             
          For the reasons just discussed supra at note 5, we disagree.                
               The record shows that at the time 3-Koam and Inkax entered             
          into the purported loan transaction, 3-Koam never intended to               
          repay Inkax, and Inkax never intended to enforce monetary                   
          payment.  See Karme v. Commissioner, supra.  3-Koam did not issue           



          5(...continued)                                                             
          Lincoln Sav. & Loan Association, 403 U.S. 345, 355 (1971)).  The            
          question of the appropriate accounting treatment may be answered            
          only when the transaction is determined to be legitimate.  A sham           
          transaction is not entitled to favorable tax treatment; therefore           
          3-Koam's accounting method is irrelevant.                                   




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011