Richard Soo Kim and Donna Kim - Page 4

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          customers are not, in effect, being taken twice.                            
          Petitioners have failed to carry their burden of proving                    
          their entitlement to a bad debt deduction.  Section 166(a)                  
          provides a deduction for any debt that becomes worthless within             
          the taxable year.  "Only a bona fide debt qualifies for purposes            
          of section 166. A bona fide debt is a debt which arises from a              
          debtor-creditor relationship based upon a valid and enforceable             
          obligation to pay a fixed or determinable sum of money."   Sec.             
          1.166-1(c), Income Tax Regs.  Petitioners bear the burden of                
          proving, first, that a bona fide debt existed and, second, that             
          it became worthless in 1990.  Rule 142(a); Crown v. Commissioner,           
          77 T.C. 582, 598 (1981); Rude v. Commissioner, 48 T.C. 165, 172             
          (1967) .                                                                    
          In determining whether a debtor-creditor relationship                       
          represented by a bona fide debt exists, the Court considers the             
          facts and circumstances.   Fisher v. Commissioner, 54 T.C. 905,             
          909 (1970).  The test in making such a determination is whether             
          the debtor is under an unconditional obligation to repay the                
          creditor and whether the creditor intends to enforce repayment of           
          the obligation.   Id. at 909-910; sec. 1.166-1(c), Income Tax               
          Regs.                                                                       
          The objective indicia of a bona fide debt include whether a                 
          note or other evidence of indebtedness existed and whether                  
          interest was charged.   See Clark v. Commissioner, 18 T.C. 780,             
          783 (1952), affd. 205 F.2d 353 (2d Cir. 1953).   Also considered            




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