- 27 - entitled to a business bad debt deduction under section 166. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).19 Petitioner contends it properly deducted the intercompany account balances owed to it by G�nther as business bad debts under section 166. Respondent disagrees, contending that the amounts constituting the intercompany account balances (hereinafter collectively referred to as advances) were contributions to the capital of G�nther and that, even if the advances qualify as bona fide debt, the debts were not worthless in the years the deductions were claimed. A. Were the Advances Made to G�nther and Charged to the Intercompany Account Bona Fide Debt? 1. In General In order for us to find that a bona fide debt was created for purposes of section 166, petitioner must prove that there was “a genuine intention to create a debt, with a reasonable expectation of repayment” and that the intention was consistent with the “economic reality of creating a debtor-creditor relationship”. Litton Bus. Sys., Inc. v. Commissioner, 61 T.C. 367, 377 (1973). Whether the requisite intention to create a true debtor-creditor relationship existed is a question of fact to be determined from a review of all the evidence. Id. Factors 19The burden of proof provisions of sec. 7491 do not apply here because the examination in this case began before July 22, 1998. See Internal Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 726.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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