- 9 - transaction because petitioners controlled both corporations.6 See Baldwin v. Commissioner, T.C. Memo. 1993-433; see also Ludwig Baumann & Co. v. Commissioner, T.C. Memo. 1961-271, affd. 312 F.2d 557 (2d Cir. 1963). In the instant case, petitioners have failed to prove their entitlement to the bad debt deduction claimed on their return. Petitioners have failed to prove that Search2000 and Navis were engaged in an arm’s-length transaction or that Navis and Search2000 ever entered into a valid debtor-creditor relationship. See Rule 142(a). While the record contains a promissory note and the minutes of the July 21, 1995, Search2000 board of directors meeting authorizing Search2000 to purchase the alleged WorkWorld and PowerAgent business plans and intellectual property from Navis, the record contains no evidence (other than the promissory note) that the alleged transaction actually took place. Moreover, there is no evidence that the note was acquired, transferred, or otherwise conveyed by Navis to petitioners, who are claiming the bad debt deduction on Schedule C of their personal return. 6Mr. Sundby was the president of both Search2000 and Navis in 1995. The minutes of the July 21, 1995, Search2000 board of directors meeting indicate that petitioners and Mr. J. Tim Konold were on the Search2000 board of directors. Moreover, the promissory note indicates that Mr. Sundby was the chairman and CEO (chief executive officer) of Search2000. The California Franchise Tax Board’s records list Mr. Sundby as the only officer or director of both Search2000 (later PowerAgent, Inc.) and Navis.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011