- 8 - Subsequently, Sheldon became difficult to contact. He avoided telephone calls from petitioner and apparently moved from the Orange County area to San Luis Obispo. Time To Share was virtually out of business, and, allegedly, Glen Ivy was having difficulties itself, while owing Time To Share a substantial sum of money. Sometime in 1991 or 1992, Glen Ivy filed for bankruptcy. Petitioner received a letter dated December 15, 1990, signed by Sheldon as president of Time To Share, stating that Time To Share was unable to pay the $32,722. The letter provides, in part: Your many inquiries regarding the payment of the note signed by Time To Share dated October 19, 1990, have made it necessary for me to contact you at this time to let you know that we have no monies with which to fulfill this obligation to you and Maggie. I am truly sorry for this situation and realize that this is a great deal of money for you to lose but we simply do not have the funds to make even a small payment possible. The way it appears now, we will probably have to close the company and the loans that you have made to Time To Share will not be repaid. As of the end of 1990, Sheldon had no assets and was insolvent. Full deductibility from ordinary income is allowed for the worthlessness of business bad debts, whereas worthless nonbusiness bad debts are accorded short term capital loss treatment. Sec. 166(a) and (d). We find that petitioner's advances to Sheldon were nonbusiness debts. We do not agree withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011