- 6 - Appolo for the Four A debt, and Appolo would not be required to establish a reserve against the Four A debt. On or about May 13, 1991, petitioners executed two guaranty agreements. Both guaranties stated that they were supported by adequate and sufficient consideration. The first guaranty covered all loans made by Appolo to Four A in the past and to be made in the future. The first guaranty stated that it was given for good and valuable consideration and "as consideration for Appolo not demanding immediate payment of its existing loans to Four A and as an inducement to Appolo to make future advances to Four A". At the time of Four A's bankruptcy in 1993, Four A owed $1,106,000 to Appolo. In 1993, Appolo wrote off the Four A debt as a business bad debt under section 166 without ever demanding payment from either Four A or the Four A shareholders. As a result, on their respective 1993 Federal income tax returns, G. Asher and L. Asher each reported an ordinary loss of $80,246 as their distributive share of Appolo's bad debt deduction. During 1993, the Four A shareholders had the financial ability to honor the guaranties, and they currently still have such ability. OPINION I. Basis in Four A Stock Petitioners argue that they are entitled to increase their bases of their Four A stock as a result of Four A's 1993Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011