Flint Industries, Inc. and Subsidiaries - Page 27




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          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.                            





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