- 6 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011