Steven and Jennie Jacobs - Page 9

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            Public Library's copies of the publications in which the ads                                  
            appeared.  Nevertheless, the Court is satisfied from petitioner's                             
            testimony that he incurred advertising expenses of this type.                                 
            Applying Cohan v. Commissioner, supra, and "bearing heavily" on                               
            petitioner, we allow an advertising expense deduction of $1,200.                              
            2.    Bad Debt of $1,700                                                                      
                  Under section 166, a deduction is allowed for a debt which                              
            becomes worthless during the taxable year.  Petitioner claimed a                              
            bad debt deduction of $1,700 by reason of the failure of Roger                                
            Wright, for whom he prepared brochures detailing Mr. Wright's                                 
            expertise in tracing horse bloodlines, to pay petitioner’s                                    
            agreed-upon fee of $1,700 for preparing the brochures.  The                                   
            unpaid fee for preparing the brochures, like wages or salary,                                 
            would have been ordinary income to petitioner upon payment;                                   
            petitioner did not report as income, for 1992 or any prior year,                              
            any of the fee alleged to be owed.                                                            
                  Under applicable law, the unpaid fee is not deductible as a                             
            bad debt.  Sec. 1.166-1(e), Income Tax Regs. provides:                                        
                  Worthless debts arising from unpaid wages, salaries,                                    
                  fees, rents, and similar items of taxable income shall                                  
                  not be allowed as a deduction under section 166 unless                                  
                  the income such items represent has been included in                                    
                  the return of income for the year for which the                                         
                  deduction as a bad debt is claimed or for a prior                                       
                  taxable year.                                                                           
            Inasmuch as petitioner did not report the fee income, he is not                               
            entitled to a bad debt deduction for the unpaid fee for 1992.                                 





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