Hubert Enterprises, Inc. and Subsidiaries, et al. - Page 28

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                                       OPINION                                        
          I.  Transferred Funds                                                       
               A.  Overview                                                           
               Petitioners argue primarily that HEI’s transfers to ALSL               
          created debt which became uncollectible in HEI’s 1997 taxable               
          year, thus for that year entitling HEI to a bad debt deduction              
          under section 166.5  Alternatively, petitioners argue, the                  
          transfers were HEI’s contribution to the capital of ALSL, which             
          entitled HEI for its 1997 taxable year to deduct an ordinary loss           
          resulting from a loss of that capital.  Respondent argues that              
          the transfers were not debt.  Respondent also argues that the               
          transfers were not capital contributions made by HEI, noting that           
          ALSL was owned not by HEI but primarily by the individuals who              
          controlled HEI.                                                             
               We agree with respondent that HEI is not entitled to either            
          of its desired deductions with respect to the transfers.  We                
          conclude that the transfers were not deductible for HEI’s 1997              
          taxable year as debt nor as contributions made by HEI to the                
          capital of ALSL.                                                            






               5 Sec. 166(a)(1) provides that a taxpayer may deduct as an             
          ordinary loss a debt which becomes worthless during the taxable             
          year.                                                                       





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