- 106 - 572, 581 (5th Cir. 1977)). When the transferee or transferor is in substantial control of the business, such control invites a special scrutiny of the situation. See Haber v. Commissioner, supra at 266; Roschuni v. Commissioner, supra at 1202; see also Tulia Feedlot, Inc. v. United States, 513 F.2d 800, 805 (5th Cir. 1975). We have applied these principles when analyzing transfers between two closely held businesses that share a common ownership but are otherwise unrelated. See, e.g., Stinnett’s Pontiac Serv., Inc. v. Commissioner, T.C. Memo. 1982-314, affd. 730 F.2d 634 (11th Cir. 1984); see also Marcy v. Commissioner, T.C. Memo. 1994-534. Petitioners contend that the facts and circumstances of these cases establish that transfers from PK Ventures to the Zephyr purchasers were bona fide loans. Furthermore, petitioners contend that these alleged debts became worthless during the years in which PKV&S claimed bad debt deductions on its consolidated income tax returns. Conversely, respondent contends that the facts and circumstances of these cases establish that the transfers were not bona fide loans. Respondent also contends that, in any event, none of these alleged debts became worthless during the years in which PKV&S claimed bad debt deductions on its consolidated income tax returns. We consider these contentions below.Page: Previous 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 Next
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