3-KOAM Company, A Partnership, My Hat, Inc., Tax Matters Partner - Page 13

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               3-Koam stipulated that $4,500 was the value of the video               
          games declared for U.S. Customs' purposes.  At trial, Houston               
          testified that 3-Koam later determined the video games to have no           
          residual value.  Thus, it appears that the $90,000 was a grossly            
          inflated amount compared to the video games' actual value.                  
               In sum, based on the entire record and the facts discussed             
          herein, petitioner has failed to meet its burden of proving that            
          the alleged research and development transaction entered into by            
          3-Koam with Inkax had economic substance.  Accordingly, we                  
          sustain respondent's determination with respect to this issue.              
          Issue 2. Bad Debt Deduction                                                 
               Respondent determined that 3-Koam may not deduct $30,000 as            
          a bad debt on its 1990 Form 1065, because petitioner failed to              
          establish that 3-Koam made a bona fide business loan.6                      
          Petitioner asserts that 3-Koam properly deducted on its 1990 Form           
          1065, a business bad debt that was owed to 3-Koam by Sue and                
          became worthless in 1990.                                                   
               Section 166(a) and the regulations thereunder allow a                  
          taxpayer to deduct all or part of any "bona fide" debt that                 
          becomes worthless during the taxable year.  See Calumet Indus.,             
          Inc. v. Commissioner, 95 T.C. 257, 284 (1990).  For purposes of             


          6    In the alternative, respondent argues that 3-Koam has not              
          shown worthlessness during 1990 as required by sec. 166(a)(1).              
          We find, as discussed in the opinion herein, that 3-Koam did not            
          make a bona fide business loan.  Thus, we do not find it                    
          necessary to address the issue of worthlessness.                            




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