Best Auto Sales, Inc. - Page 5




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          With regard to delinquent loans with respect to which the                   
          automobiles securing the loans were not located by petitioners’             
          repossession agent, the entire outstanding balance of the loans             
          would be charged off on petitioners’ corporate Federal income tax           
          returns as business bad debt deductions.1                                   
               Whether a bad debt tax deduction relating to a particular              
          loan and repossession was claimed on petitioners’ corporate                 
          Federal income tax return for the current tax year or for the               
          prior tax year depended on when the loan originated and whether             
          the repossession of the automobile occurred prior to the filing             
          of the tax return for the prior tax year.  With respect to a                
          delinquent loan that had been made in the prior tax year and                
          where the repossession of the automobile occurred in the current            
          tax year but prior to the filing of the corporate Federal income            
          tax return for the prior tax year, the related bad debt deduction           
          would be claimed by petitioners on the tax return for the prior             
          tax year.                                                                   


          1    The record is not completely clear as to how the amount of a           
          particular loan chargeoff was calculated for purposes of                    
          petitioners’ financial books and records.  Some evidence                    
          indicates that upon repossession or return of an automobile                 
          securing a loan, the amount of the chargeoff was calculated in              
          the same manner as it was calculated for tax purposes (namely,              
          all but $100 of the outstanding balance due on the related loan             
          would be charged off).  Other evidence indicates that for                   
          financial book purposes upon repossession of an automobile                  
          petitioners determined the wholesale book value of the automobile           
          and charged off only the difference between the loan balance and            
          the wholesale book value.                                                   






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Last modified: May 25, 2011