- 61 - indication in the record that this was an expense of any trade or business of petitioner's. Accordingly petitioner is not entitled to a Schedule C deduction for this interest; however, the $4,068 is deductible as an itemized deduction on Schedule A. See Smith v. Commissioner, 84 T.C. at 898. As to the remaining interest expenses, the record does not show whether petitioner or some other entity took out the loans. From the foregoing we cannot conclude that these claimed interest expenses were petitioner's expenses; thus they are not deductible by petitioner under section 163. These interest expenses are also not deductible as business expense deductions under section 162, or as bad debt deductions under section 166, even though we treat petitioner as having paid these claimed interest expenses, and we accept that petitioner may have been a guarantor on some or all of the loans from which these interest expenses arose. The record in this case simply does not provide the Court with evidence sufficient to determine whether these interest expenses were ordinary or necessary expenses of petitioner's trade or business, nor does the record provide evidence sufficient to determine whether these interest expenses were bad debts becoming worthless during any of the years in issue. From the foregoing we conclude that these claimed interest expenses are not deductible by petitioner. We hold mostly for respondent on this issue to the extent set forth above.Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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