- 14 - merely book entries. As soon as some amount was repaid to petitioner (always substantially less than had been advanced) petitioner would make another, usually larger advance to the sister corporations. Significantly, we note that while the repayments were decreasing and the sister corporations’ ability to repay was dwindling, petitioner continued to advance funds in progressively larger amounts. It is important to note that no interest was actually paid to petitioner by the sister corporations. In a similar manner to the repayments, the interest accruals appear to be an attempt to simulate the existence of debt. We note that the accruals were limited, sporadic, and had no apparent fixed percentage. As noted by the Court of Appeals for the D. C. Circuit, petitioner reported taxable income only in 2 of the years under consideration, 1986 and 1987. In five of the periods in which interest was accrued by petitioner, the accrual of interest merely reduced petitioner’s losses and did not result in taxable income. Put another way, of the $175,662 of interest accrued and reported by petitioner, only $45,253 (about one-fourth) resulted in additional tax burden on petitioner. When compared to the outstanding cumulative balance, the amount of interest accrued was substantially less in percentage than the going rate of interest during the period under consideration. Again, no interest was actually paid by thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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