-28- 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.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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