- 22 - Properties loan. See id. at 45. The key contributing factor to Properties’ inability to repay the loan was G&K’s failure to obtain financing, wholly out of the control of Bottlers. Properties anticipated that G&K would purchase the bottling facilities, but ultimately G&K could not. While Bottlers’ failure to pay the full amount of rent due contributed to the worthlessness of the loan,6 other factors contributed as well. These two significant differences convince us that it would be inappropriate to follow PepsiAmericas here. We also decline respondent’s invitation to articulate an absolute rule that a taxpayer may never deduct a debt as worthless if the taxpayer contributed to the worthlessness. We find that legitimate business decisions contributing to the worthlessness of a debt do not preclude a bad debt deduction in these circumstances. Cf. PepsiAmericas, Inc. v. United States, supra at 48. Accordingly, we find that petitioner may deduct the worthless portion of the Properties loan notwithstanding that Bottlers’ actions contributed to its worthlessness. 6Even if Bottlers had paid the full amount of the rent due under the lease, Properties still might have been unable to satisfy its obligations under the loan without a third party purchasing the bottling facilities. Properties would not be able to deduct principal payments it paid Bottlers on the loan and would thus have more income than deductions, giving rise to income tax liability. This liability would ruin the net zero cashflow effect of the deal and would cause Properties to be unable to repay the loan.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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