- 13 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011