T.C. Memo. 1997-93 UNITED STATES TAX COURT THOMAS M. AND CHRISTINE A. FRIES, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 23232-93. Filed February 24, 1997. Corp. was organized in 1987 with $900 in capital contributions, of which amount H contributed $300. Shortly thereafter, H advanced an additional $74,700 to Corp. and received in return a fully enforceable, unsecured note with a set monthly repayment schedule. No payment of principal or interest was ever made on the note by Corp. In 1989, Ps deducted the entire amount of the advance as a business bad debt under sec. 166, I.R.C. R disallowed the deduction completely, determining that the advance was a capital contribution and not a loan. On the facts, Held: The advance H made to Corp. constituted a contribution to capital and, therefore, Ps are not entitled to claim a bad debt deduction under sec. 166, I.R.C. Held, further, R's determination that Ps are liable for the accuracy- related penalty under sec. 6662(a), I.R.C., for a substantial understatement of tax is sustained.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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