- 8 - position was not substantially justified. Swanson v. Commissioner, 106 T.C. 76, 94 (1996); Sokol v. Commissioner, 92 T.C. 760, 767 (1989). Notwithstanding petitioners' ability to convince respondent to make "overwhelming" concessions, we believe respondent's position with regard to the section 482 adjustment nevertheless had a reasonable basis in law and fact. Section 1.482-2(a)(1), Income Tax Regs., provides where one member of a group of controlled entities makes a loan to another member of the same group, and charges no interest, respondent may make appropriate allocations to reflect an arm's-length interest rate. This is in order to prevent evasion of taxes or to clearly reflect income. Sec. 482. In the instant case, Marco Oil made loans to RAM Drilling and TMC Farms. They were all members of the same group of controlled entities. The loans had an initial interest rate of 14 percent. That interest rate was subsequently eliminated, and the loans of the principal balance and subsequent advances accrued no interest. In 1983, Marco Oil assigned the notes to TMC Resources. Upon the liquidation of TMC Resources (the parent corporation that controlled, among other subsidiaries, Marco Oil, Ram Drilling, and TMC Farms), the notes were assigned to petitioners, who, on that same date, assigned the notes to TMC Enterprises, a wholly owned partnership owned equally by the petitioners.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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