Henry C. Boler and Sherry M. Boler - Page 14




                                       - 14 -                                         
          prepared.  We disagree.  AIM was licensed to bid on larger                  
          contracts because it did not disclose the alleged loan from                 
          petitioner to AIM in the financial statements AIM submitted to              
          the Mississippi and Alabama licensing boards.  Petitioner                   
          represented to Citizens National Bank that AIM had not paid                 
          anything to own the Whittington property.  Petitioner’s                     
          representation enhanced AIM’s ability to borrow funds from                  
          Citizens National Bank.  We do not ignore the balance sheets and            
          statements that conflict with the note.                                     
               We conclude that petitioner and AIM did not create a bona              
          fide debt.  Thus, AIM’s payments to petitioner of $16,599 in                
          1994, $21,460 in 1995, and $9,640 in 1996 are constructive                  
          dividends to petitioner and not deductible by AIM as interest.              
          B.   Whether AIM May Deduct as a Bad Debt $14,900 It Paid to                
               Scott                                                                  
               1.   Whether the $14,900 That AIM Paid to Scott Was a Loan             
               AIM deducted as a bad debt in 1996 the $14,900 it paid to              
          Scott.  Respondent points out that there was no promissory note             
          or provision for repayment and contends that the $14,900 was not            
          a loan.  We disagree.                                                       
               A taxpayer may deduct a debt that becomes worthless in the             
          taxable year.  Sec. 166(a)(1); sec. 1.166-1(c), Income Tax Regs.            
          Petitioner credibly testified that the $14,900 AIM paid to Scott            
          was a loan.  The notations on the checks and some of the entries            







Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011