- 9 - In these circumstances, we believe that respondent's position that the loans fall within the ambit of section 482 had a reasonable basis in law and fact, especially given the nature of the relationship of the companies and the subsequent forgiveness of interest. Petitioners argue the loans were not bona fide indebtedness, but were mere transfers between the companies, and that the notes were simply used to keep track of what was being transferred between these companies. Petitioners further argue that because the transfers were not bona fide indebtedness, section 482 was inapplicable. In support of their argument, petitioners point out that there were no maturity dates on the notes and no repayment schedule. Regardless of whether respondent was correct in classifying the loans as bona fide indebtedness, we believe respondent was substantially justified in so doing. The record indicates that for several years, petitioners made payments on the notes, and kept a schedule of these payments. When petitioners assigned the notes, they took great care to do it formally by documenting the notices to the debtors. Moreover, petitioners treated the loan from Marco Oil to RAM Drilling as a "Notes Payable" liability when they valued RAM Drilling for purposes of their liquidating distribution from TMC Resources in 1983.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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