- 15 - One of respondent's grounds for disallowance is that petitioner has not proven that he made the $53,189 payment. The evidence presented in this case includes a loan history statement from Weimar Bank. The $53,189 is reflected as payment made on the Weimar Bank indebtedness. Furthermore, petitioner presented evidence in the form of a letter, directing payment of a commission (owed petitioner from a title company in an unrelated real estate sale) in the amount of $53,189 to Weimar Bank. Moreover, the evidence includes a copy of a check payable to Weimar Bank on behalf of petitioner from Capitol of Texas Title Company--escrow account, in the amount of $53,189. Accordingly, we find that petitioner did make the $53,189 payment. Respondent's next argument is that the payment did not give rise to a bad debt deduction because petitioners have not proven that their right to subrogation against Klutts, the other guarantor, was worthless. A requirement for a bad debt deduction is that the guarantor must be unable to recover from the debtor. See Putnam v. Commissioner, supra. It is unclear that petitioner's payment of part of his obligation as guarantor on the Weimar Bank indebtedness is treated as a bad debt becoming worthless in the year of payment. Sec. 1.166-9(a), Income Tax Regs. However, the $53,189 payment was made as co-guarantor of the Weimar Bank debt. Accordingly, petitioner has rights against Klutts, his co-guarantor for 50Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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