- 13 - have to repay the advance as long as the dealer supply agreement remained in effect. Respondent contends that the Amoco payment is similar to those at issue in Westpac Pac. Foods v. Commissioner, T.C. Memo. 2001-175, and Colombo v. Commissioner, T.C. Memo. 1975-162, and, as such, constitutes income when received in 1996. We disagree. In Westpac Pac. Foods and Colombo, the obligations to repay did not arise unless and until the party receiving the funds breached the agreement to purchase a set amount of products, and the repayment was proportionate to the amount of products not purchased. In those cases, the obligations had none of the characteristics of loans but rather more closely resembled forfeiture penalties for failure to perform under the contract. By comparison, when Amoco made the loan to petitioner, petitioner had an absolute obligation to repay the entire $175,000, and that obligation was secured by a mortgage on the 60th Street property. If petitioner had sold the 60th Street property during the first year, Amoco would have been entitled to $175,000 plus interest. When the first installment of $17,500 in principal (plus interest) was due at the end of the first year, petitioner’s obligation was reduced to $157,500 only because the dealer supply agreement with Amoco remained in full force and effect. Had petitioner sold the 60th Street property before the end of the second year, Amoco would have been entitled toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011