- 28 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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