Sylvia Osterbauer and Estate of Joseph Osterbauer, Deceased, Sylvia Osterbauer, Personal Representative - Page 2

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          The issue for decision1 is whether petitioners are entitled                 
          to deduct in 1985 a worthless debt as a business bad debt under             
          section 166(a)(1)2 or are limited to a deduction for a nonbusi-             
          ness bad debt under section 166(d)(1).  We hold that the debt is            
          a nonbusiness bad debt, and, therefore, petitioners are limited             
          to a short-term capital loss.                                               
                                  FINDINGS OF FACT                                    
          Some of the facts have been stipulated and are so found.  We                
          incorporate by this reference the stipulation of facts and                  
          attached exhibits.                                                          
               Petitioner resided in Hamilton, Montana, on the date the               
          petition was filed.  Decedent passed away on September 12, 1990,            
          prior to the date on which the petition was filed.  Petitioner              
          filed the petition on her own behalf and as personal representa-            
          tive for the estate of her husband, Joseph Osterbauer.  Peti-               
          tioner and decedent filed a joint Federal tax return for the 1985           
          tax year.                                                                   




          1There is an issue raised by the pleadings of whether                       
          petitioners realized a $619 gain on the repossession of certain             
          property during 1985.  Petitioners have offered no evidence on              
          this issue and have not raised it on brief, so we conclude they             
          have abandoned it.                                                          
          2All section references are to the Internal Revenue Code in                 
          effect for the year in issue, and all Rule references are to the            
          Tax Court Rules of Practice and Procedure, unless otherwise                 
          indicated.                                                                  





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