- 11 - In December of 1992, Partrick made a loan to Peoplefeeders of approximately $600,000 with an interest rate of 4 percent over prime. The principal amount of this loan was payable on demand. This loan from Partrick to Peoplefeeders was approved in advance by a resolution of Peoplefeeders' board of directors, evidenced by a promissory note, and secured by Peoplefeeders' assets. Petitioner's Income Tax Returns and Respondent's Audit For each of its taxable years, Peoplefeeders, Square Pan, and Square Pan’s subsidiaries filed consolidated corporate Federal income tax returns. On petitioner’s 1992 consolidated corporate Federal income tax return, the $3,751,930 difference between Peoplefeeders’ total cash receipts and the total expenses and loan payments paid out of the Intercompany bank account on behalf of Peoplefeeders was reflected on the balance sheet attached to the 1992 tax return as an intercompany receivable but also as an adjustment or a reduction to Peoplefeeders' equity investment in its subsidiaries. On petitioner's 1992 consolidated corporate Federal income tax return, Square Pan claimed a $3,751,930 bad debt deduction relating to the alleged cancellation of the purported $3,751,930 debt obligation owed by Peoplefeeders to Square Pan.3 On its 3 For 1992, under sec. 1.1502-14(d), Income Tax Regs., bad debt deductions were allowed upon cancellation of worthless debt obligations between affiliated corporate entities even though such entities filed consolidated Federal corporate income tax returns. This regulation was generally effective for bad debt (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011