American Underwriters, Inc. - Page 28

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               xii.  Conclusion                                                       
               Many of the factors favor classifying the advances as debt,            
          and none of the factors supports a classification as equity.  We            
          conclude that the advances are debt.                                        
          2.  Worthlessness                                                           
               Respondent disallowed petitioner's deduction for a $5                  
          million bad debt, stating in the notice of deficiency that                  
          petitioner had not established that the deduction qualified under           
          section 162 or section 165.  Respondent argues in her brief that            
          the Court should sustain her disallowance because petitioner has            
          not proven that:  (1) Kenilworth became insolvent during the year           
          of the deduction or (2) petitioner was without a reasonable                 
          prospect of recovery during that year.  Petitioner argues that it           
          should be allowed the $5 million deduction primarily because it             
          guaranteed the debt of Kenilworth, and it (petitioner) was forced           
          to transfer these funds to the brokerage firms to satisfy this              
          guarantee.                                                                  
               Taxpayers may currently deduct the amount of any debt that             
          becomes worthless during a given year.  See sec. 166.  A loss               
          sustained by a guarantor unable to recover from the debtor is a             
          loss from a bad debt.  Putnam v. Commissioner, 352 U.S. 82                  
          (1956); Black Gold Energy Corp. v. Commissioner, 99 T.C. 482, 486           
          (1992), affd. without published opinion 33 F.3d 62 (10th Cir.               
          1994); Martin v. Commissioner, 52 T.C. 140, 144 (1969), affd.               
          424 F.2d 1368 (9th Cir. 1970); see also Foretravel, Inc. v.                 




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