JHYRE’s Rant Revisited… - Posted by David Alexander
Posted by David Alexander on June 22, 2000 at 14:54:44:
Ok, John,
here goes as My CPA tells me.
With Examples for illustration:
Different entities for each.
C Corps
Buy Houses
DR Asset --------50,000-------------------------------------
Cr Cash---------------- 50,000
Sells Houses - Creates Notes
DR Note--------100,000-------------------
Cr Asset---------------50,000-------------------------------
Cr Gain----------------50,000
Sells Note (10%) @ Discount
DR Cash---------90,000------------------------
DR Note---------------100,000------------------------------
DR Loss---------10,000
LP’s
Buy Notes at the discount
Dr Note-----------100,000-----------------
Cr Cash--------------------90,000------------------------------
Cr Gain-------------------10,000
C Corps
Buys MH’s
Inventory-----------3,000-----------------------------------
Cash--------------------------3,000
Sells MH’s - Creates Notes
Note-------------10,000-------------------------------------
Cash--------------1,000-------------------------------------
Inv.------------------------3,000---------------------------
Gain------------------------8,000
Sells Note (MH 50%) @ Discount
Cash-----------------5,000----------------------------------
Note---------------------------10,000-----------------------
Loss-----------------5,000
LP’s
Buy Notes at the discount
Note--------------10,000------------------------------------
Gain---------------5,000------------------------------------
Cash---------------------------5,000
Ok, The reasoning I was given was that once the Asset or Inventory is sold we are then no longer dealing with anything but a Note Recievable. In other words they are two seperate transactions and your trying treat them as one. We do however use the accural method for everything.
We are not selling the notes for anything different than the Fair Market Value so the dissallowing of the transaction is not an issue as per what Bronchick had said in earlier posts.
Also in the event that there was an issue with Related party rules which I believe is your biggest hang up, the transactions are completely arms length. I was also told we are consistently following GAAP.
But worse case scenario and everything was conglomerated on a single return it would all wash anyway, because the numbers would balance on all returns.
Ok, go ahead Rant some more… I didnt look up case law as I said because your right I should be doing deals, Lol… and letting my CPA and others deal with this stuff.
David Alexander