J. Michael Shedd and Marita Shedd - Page 6




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          entitled J&J to an ordinary loss deduction under section 166.               
          Because of petitioners’ characterization of the advances as bona            
          fide loans, they contend that the advancing of funds was not a              
          constructive dividend.                                                      
          Bad Debt                                                                    
               Bad debts which become worthless within the taxable year are           
          deductible by a corporate taxpayer as ordinary losses under                 
          section 166(a)(1).  The right to a deduction is limited to                  
          genuine debt, and capital contributions are not considered debt             
          for the purposes of section 166(a)(1).  See Raymond v. United               
          States, 511 F.2d 185, 189 (6th Cir. 1975).  Capital                         
          contributions, on the other hand, may result in a capital loss              
          for a shareholder if the stock becomes worthless.  See sec.                 
          165(g)(1).                                                                  
               The determination of whether advances to a corporation are             
          loans or capital contributions depends on whether there is an               
          intention to create an unconditional obligation to repay the                
          advances.  See Raymond v. Commissioner, supra at 190.  Advances             
          between related corporations are subject to particular scrutiny             
          because the relationship more readily facilitates fictionalized             
          debt.  See In re Uneco, Inc., 532 F.2d 1204, 1207 (8th Cir.                 
          1976).  Petitioners must show that the advances were loans rather           
          than capital contributions as determined by respondent.  See Rule           
          142(a); Welch v. Helvering, 290 U.S. 111 (1933).                            






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