- 3 - check because Machuca's account lacked sufficient funds. The relationship between petitioner and Machuca deteriorated around this time. In 1988, petitioner experienced financial difficulties. She did not file her 1987 Federal income tax return until September 1991 because she was unable to pay the taxes due. On the return filed in 1991, petitioner claimed $77,000 on Schedule D, Capital Gains and Losses and Reconciliation of Forms 1099-B, as a nonbusiness bad debt deduction. In an amended return filed in September 1993, petitioner reclassified $50,000 of the $77,000 bad debt as business bad debt. No documentation or other evidence of the bad debt exists. OPINION Bad Debt Expense Section 166(a) provides a deduction for any debt that becomes worthless within the taxable year. At trial, petitioner conceded that there was no basis for classifying as a business bad debt any portion of the bad debt deduction that she claimed. A nonbusiness bad debt is considered a loss from the sale or exchange of a short-term capital asset. Sec. 166(d)(1)(B). "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. Petitioner bears the burden ofPage: Previous 1 2 3 4 5 6 Next
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