- 47 - C. IRS Determinations The IRS determined that PKV&S was not allowed to claim bad debt deductions of $600,000 and $400,000 on its consolidated income tax returns for 1990 and 1991, respectively, for the cash transfers that PK Ventures had made to the Zephyr purchasers because it had not established that a true debtor-creditor relationship was intended by these transfers. Furthermore, the IRS determined that, if a debt had been intended, PKV&S had not established that such debt had become worthless during either 1990 or 1991. Accordingly, the IRS increased PKV&S’s taxable income by $600,000 for 1990 and by $400,000 for 1991. The IRS determined that PK Ventures’ transfer of $400,000 to Rose in connection with the Zephyr purchase constituted a constructive dividend to him in 1990. Consequently, the IRS increased the Roses’ taxable income by $400,000 for 1990 and determined that the Roses should not have reported $400,000 of cancellation of indebtedness income on their joint income tax return for 1991. Transfers to PKVI LP A. Transfers From Unrelated Parties to PKVI LP At the time of its organization, PKVI LP was engaged in the acquisition of three hydroelectric projects that were located in or near Bynum, North Carolina; Henrietta, North Carolina; and Columbus, Georgia, respectively. A small portion of thePage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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