- 10 - The only evidence in the record pertaining to this debt is a promissory note in the amount of $20,000. Texas Commerce Bank is the payee, and John Heger and petitioner signed as makers of the note. Wise Co. is not listed as maker, nor is it referred to on the note. Accordingly, the loan transaction appears to be one in which petitioner is the primary obligor. Furthermore, petitioner has not presented any evidence, other than his uncorroborated testimony, that any payment was made on the note. Accordingly, we sustain respondent's disallowance. Texaroda Deduction--$15,000 Petitioner asserts that the transfer of funds from Weimar Bank to the National Bank of Commerce satisfied a debt owed by Wood and/or a related entity, Texaroda Oil Co.; that Wood acknowledged the resulting indebtedness to petitioner; and that the debt was worthless by December 31, 1985. Respondent argues that the debt is not deductible because there was no bona fide debt; petitioner has not substantiated payment; petitioner has not proven worthlessness in 1985; and the debt was not business related. To be entitled to a bad debt deduction under section 166(a)(1), a taxpayer must show that the debt became wholly worthless in the year in which it is claimed. Millsap v. Commissioner, 46 T.C. 751 (1966), affd. 387 F.2d 420 (8th Cir. 1968). Worthlessness is a question of fact. Sec. 1.166-2(a),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011