- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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