- 21 - of $628,632 before the rebate and $668,632 after the rebate; (2) was in a profit position both before ($13,544) and after ($53,544) the rebate; and (3) had sufficient current assets to cover its current liabilities (i.e., it had sufficient short term liquidity in fiscal year 1992 to cover the accounts payable written off via the rebate). Clearly, KAW's financial statements do not reflect that its accounts payable to petitioner were uncollectible in the amount of the rebate. Rather, in our opinion, petitioner gave the rebate in order to shift income from itself to KAW, where the income would be taxed at between 15 to 25 percent compared to petitioner's 34- percent tax rate. 2. Kapsco There is no evidence that Kapsco's accounts payable to petitioner were partially worthless. In fiscal year 1991, petitioner gave rebates totaling $120,000 to Kapsco. These rebates were given to four unincorporated Kapsco units (Idaho Falls--Park, Pocatello, Rigby, and Rexburg). Because these particular entities did not have strong financial conditions, Mr. Lamprecht believed that the accounts payable were uncollectible, thereby justifying the rebates to Kapsco. However, Kapsco's financial statement reflects that it was capable of meeting its accounts payable obligation. It is irrelevant whether the financial condition of the fourPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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