- 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
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