Paul G. Gubbini - Page 8

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          debt other than a debt (1) created or acquired in the trade or              
          business of the taxpayer or (2) the loss from the worthlessness             
          of which is incurred in a trade or business of the taxpayer.                
          Sec. 166(d)(2).  The question whether a debt is a nonbusiness bad           
          debt is a question of fact.  Sec. 1.166-5(b), Income Tax Regs.              
          Petitioner has the burden of showing that he was engaged in a               
          trade or business to which the debts in question are proximately            
          related.  Spillers v. Commissioner, 407 F.2d 530, 534 (5th Cir.             
          1969), affg. T.C. Memo. 1967-216; United States v. Byck, 325 F.2d           
          551, 552 (5th Cir. 1963); Deely v. Commissioner, 73 T.C. 1081,              
          1092 (1980).                                                                
               The question of whether a shareholder’s loans to his                   
          corporation are business or nonbusiness bad debts frequently has            
          been litigated.  A worthless debt resulting from a loan by a                


          2(...continued)                                                             
                    nonbusiness debt; and                                             
                         (B) where any nonbusiness debt becomes worthless             
                    within the taxable year, the loss resulting therefrom             
                    shall be considered a loss from the sale or exchange,             
                    during the taxable year, of a capital asset held for              
                    not more than 1 year.                                             
               (2)  Nonbusiness debt defined.--For purposes of                        
          paragraph (1), the term “nonbusiness debt” means a debt other               
          than--                                                                      
                         (A) a debt created or acquired (as the case may              
                    be) in connection with a trade or business of the                 
                    taxpayer; or                                                      
                         (B) a debt the loss from the worthlessness of                
                    which is incurred in the taxpayer’s trade or business.            




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