United States Court of Federal Claims March 20, 2002, No. 00-6T (Pepsiamericas, Inc. v. United States)

OPINION

FUTEY, Judge.

This tax refund case is before the court on the parties’ cross-motions for summary judgment. Plaintiff believes it is entitled to a partial bad debt deduction for the 1990 tax year pursuant to Internal Revenue Code (IRC) § 166(a)(2). Plaintiff bases its claim on a loan that it issued to a trust managing its employee stock ownership plan (ESOP).