Kenneth W. and Fayetta Graves - Page 7

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               Respondent concedes that petitioner’s loans were bona fide             
          debts that arose in the course of his trade or business of being            
          an employee of KPS.  The parties stipulated that petitioner made            
          the loans to maintain his employment with KPS.  The loans became            
          worthless during 1996 because of the bankruptcy of KPS.  Finally,           
          petitioner was not in the trade or business of lending money;               
          rather, he was in the trade or business of operating a trucking             
          company.                                                                    
               In the notice of deficiency, respondent allowed $85,009 as a           
          bad debt deduction.  However, petitioner is now claiming $86,040            
          for the bad debt deduction.6  The remaining question is whether             
          the bad debt should be allowed as a deduction from gross income             
          to arrive at petitioners’ adjusted gross income, or is to be                
          treated as an itemized deduction in computing their taxable                 
          income.7                                                                    








               6The discrepancy between $85,009 and $86,040 will be                   
          addressed later in the opinion.                                             
               7 The significance of the parties’ dispute lies in the fact            
          that itemized deductions are limited by certain thresholds and              
          restrictions, whereas deductions used to arrive at adjusted gross           
          income are not.  In particular, an itemized deduction in the                
          setting of this case would be subject to the 2-percent floor                
          under sec. 67.                                                              





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