- 15 - IV. "No Negative Cash Flow Guarantee Fee" Corbin West paid CDC a fee that it labeled a "no negative cash flow guarantee fee" in the amount of $53,000. In exchange for this fee, CDC agreed to make loans to Corbin West in any amount up to $250,000 to fund any operating deficits through December 31, 1995. Corbin West capitalized this fee and deducted amortization expense related to this fee during the years in issue. In the FPAA's, respondent disallowed the amortization expense deduction related to this fee. Petitioner provides no explanation for its treatment of this item and fails to cite any Code section or other authority that would allow its capitalization and amortization of this fee. Rule 142(a); New Colonial Ice Co. v. Helvering, supra. We therefore conclude that Corbin West is not entitled to any deductions associated with this fee. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Last modified: May 25, 2011