T.C. Memo. 2005-254 UNITED STATES TAX COURT CLAYMONT INVESTMENTS, INC., AS SUCCESSOR IN INTEREST TO NEW CCI, INC. AND SUBSIDIARIES, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 14384-99, 9129-00. Filed October 31, 2005. F is a foreign corporation. P, a U.S. subsidiary of F, is a film processing company. On its amended 1992 and 1993 Federal income tax returns, P claimed sec. 165, I.R.C., loss deductions relating to the alleged termination of three customer relationships. In 1988, S1, a U.K. subsidiary of F, lent �29,498,525 (i.e., the equivalent of $50 million) to S2, a subsidiary of P. In 1996, S2 and S3 (i.e., another subsidiary of P), entered into a note assumption agreement, which provided that S3 would assume S2’s obligations relating to the 1988 loan. Because of the favorable currency exchange rates (i.e., between the dollar and the pound), at the time of the assumption, S2 could have repaid S1 with $45,811,209 instead of $50 million. As a result, S2 realized $4,188,791 in foreign exchange gain when its obligations were assumed. On its 1996 consolidated return, P reported the interest expense paid by S3 to S1 and deferred the foreign exchange gain relating to the intercompany transaction between S2 and S3. R determined that P wasPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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