Legal Opinion

Intergraph Corp. v. Commissioner

United States Tax Court

Decided May 8, 1996No. Docket No. 21286-93PublishedCited by 10 opinions

Held: Among other things, petitioner, in the year of payment, is not entitled to a claimed sec. 166, I.R.C., bad debt deduction with respect to its payment as guarantor of a Japanese-yen-denominated loan made to a Japanese subsidiary corporation.

Read the full summary

Held: Among other things, petitioner, in the year of payment, is not entitled to a claimed sec. 166, I.R.C., bad debt deduction with respect to its payment as guarantor of a Japanese-yen-denominated loan made to a Japanese subsidiary corporation. Where a guarantor has a right of subrogation against, or a right of reimbursement from, the primary obligor (regardless of whether that right is expressly stated in the guaranty agreement), the provisions of sec. 1.166-9(e)(2), Income Tax Regs., apply, and the guarantor is not entitled to a bad debt deduction until the right of subrogation, or the…

1Opinion of the Court

Swift, Judge:

Respondent determined a deficiency o: $978,567 with respect to Intergraph Corp. (Intergraph) anc its subsidiaries’ consolidated 1987 Federal income taxes.

After concessions, the issues for decision are: (1) The deductibility of a claimed $1,923,103 foreign currency loss and of a claimed $520,432 interest expense; and (2) if the first issue is decided against petitioner, the deductibility in the year of payment of a $6,484,169 bad debt deduction claimed with respect to a payment Intergraph made of a Japanese-yen-denominated debt obligation.

Unless otherwise indicated, all section…

2Cases cited24 opinions

  1. Putnam v. CommissionerSupreme Court of the United States · 1956
  2. Riss v. CommissionerUnited States Tax Court · 1971
  3. Richard R. Riss, Sr. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1973
  4. Hynes v. CommissionerUnited States Tax Court · 1980
  5. Santa Anita Consol., Inc. v. CommissionerUnited States Tax Court · 1968

19 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Parekh v. CommissionerUnited States Tax Court · 1998
  2. Cooper v. Comm'rUnited States Tax Court · 2014
  3. COBORN v. COMMISSIONERUnited States Tax Court · 1998
  4. Cooper v. Comm'rUnited States Tax Court · 2014
  5. Intergraph Corp. v. CommissionerUnited States Tax Court · 1996

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API