Clifford L. Brody and Barbara J. Declerk - Page 14

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          payment is compelled, the fact that the guarantor of the                    
          corporate debt is also a shareholder and employee of the                    
          corporation does not preclude the guarantor from a bad debt                 
          deduction so long as the dominant motivation for the guaranty was           
          to protect his or her salary.  United States v. Generes, 405 U.S.           
          93 (1972).  The reason for either situation is that, upon payment           
          by the guarantor, the debtor’s obligation to the creditor becomes           
          an obligation to the guarantor, not a new debt, and by                      
          subrogation the guarantor steps into the shoes of the creditor.             
          Putnam v. Commissioner, 352 U.S. 82, 85 (1956).  No deduction is            
          allowable, however, if at the time the guaranty was made, the               
          taxpayer had no reasonable expectation of repayment of the sums             
          advanced.  Hoyt v. Commissioner, 145 F.2d 634 (2d Cir. 1944);               
          Thompson v. Commissioner, 22 T.C. 507 (1954).                               
               The record does not support petitioners’ contention that               
          loan payments in 1999 were necessary to protect petitioner                  
          Brody’s salary of $266,083 from KOA.  Petitioners were compelled            
          to make their loan repayments to Franklin National Bank not as              
          guarantors, but as debtors.  Petitioners were listed as “co-                
          borrowers” and thus were liable in the first instance.  However,            
          even if we were to assume that loan repayments were made by                 
          petitioners as guarantors, nothing in the record indicates that             
          petitioners would have had a worthless claim against KOA, since             
          KOA paid petitioner Brody’s salary in 1999 in the amount of                 






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