- 17 - loan because it did not have the cashflow.4 Third, soon after Bottlers learned that G&K would not be able to purchase the facilities, Bottlers combined with Brooks Beverage to become BevAm, and the Properties structure no longer was necessary. Finally, an appraisal revealed the bottling facilities were worth just under $8 million. These specific, identifiable events combined to result in the worthlessness of the Properties loan in 1995. Respondent argues that Properties was a going concern with potential value in 1995 and that therefore, the Properties loan was not partially worthless during that year. See Crown v. Commissioner, 77 T.C. 582 (1981); Findley v. Commissioner, 25 T.C. at 318. Respondent argues that Properties had sufficient income and/or sufficient assets to satisfy its loan obligations. Respondent sets forth several ways in which Properties could have met its obligations. For example, respondent argues that 4Respondent argues that there is no evidence that Bottlers failed to pay Properties the full amount of rent due on the lease. We disagree. We found the testimony of Mr. Trebilcock, the chairman and president of Bottlers, to be credible on this point. Petitioner also introduced Properties’ accounting records as evidence that Bottlers did not pay the full amount of rent for 1994 and 1995. Moreover, had Bottlers paid Properties the full amount of rent, Properties eventually might have not had the cash to pay Bottlers the principal on the Properties loan anyway because Properties might be required to pay taxes on the rental income it received from Bottlers, depleting its cash. This cash depletion was precisely what the management group was attempting to avoid by having Bottlers pay Properties only a portion of the rent due.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011