Laidlaw Transportation, Inc. and Subsidiaries - Page 52

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          K.   Audit of LTL by Canadian Tax Authorities                               
               Canadian income tax authorities audited LTL for 1987 and               
          1988.  LTL wrote that its U.S. subsidiaries used funds that it              
          advanced to them to provide capital and that those funds became             
          part of the permanent capital of the company.  LTL said that the            
          advances provided about 35 percent of the total capital of                  
          Laidlaw in 1987 and 1988.  LTL said that if it were to incur a              
          loss on a loan to a subsidiary it would not be allowed to deduct            
          the loss as a bad debt.  LTL said:                                          
               3.   Laidlaw Inc. acts as a conduit in providing funds                 
               for its operating subsidiaries.  The funds are used by                 
               the subsidiaries as working capital and for capital                    
               acquisitions.  Without these funds, the subsidiaries                   
               would be seriously undercapitalized.  The loans are in                 
               the nature of capital contributions to the                             
               subsidiaries.                                                          
                                     II.  OPINION                                     
          A.   Contentions of the Parties                                             
               The sole issue for decision is whether payments totaling               
          $133,515,459 from petitioners' subsidiaries to LIIBV during the             
          years in issue are deductible as interest under sections 162 and            
          163(a).                                                                     
               Respondent determined and contends that petitioners may not            
          deduct the payments in dispute as interest because the LIIBV                
          advances to Transit, Tree, and LWSI were capital contributions              
          and not loans.  Petitioners contend that the amounts in dispute             
          are deductible as interest under sections 162 and 163(a) because            
          the LIIBV advances were debt and because the amounts at issue               





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