- 2 - section 166.1 The remainder of respondent’s deficiency determinations resulted purely from computational adjustments caused by the disallowance of petitioner’s ordinary loss deduction. Petitioner contends that, in form and substance, the advances were loans that became worthless and deductible. Respondent’s disallowance of the claimed bad-debt loss was grounded on the same position that respondent maintains in this litigation; i.e., petitioner’s advances to a related corporation, Used Power Equipment, Inc. (UPE), were equity investments in UPE and there was no intention for UPE to repay the advances. In support of his position, respondent questions the validity, credibility, and enforceability of petitioner’s promissory notes and contends UPE was insolvent at the time the advances were made. Respondent ultimately contends that the advances were contributions to capital made to further petitioner’s sole shareholder’s control of and investment in UPE, the loss of which is a capital loss deductible only to the extent of capital gains under section 1211. 1 Unless otherwise stated, all section references are to the Internal Revenue Code in effect for the taxable year remaining in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.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