-11- 2. Business versus nonbusiness bad debt We must next decide whether petitioner's loan to Tag Coal was a business or a nonbusiness debt within the meaning of section 166. As previously mentioned, section 166 allows a deduction for any bad debt that becomes worthless during the taxable year.3 Business bad debts are fully deductible from ordinary income; however, nonbusiness bad debts of taxpayers other than corporations are treated as short-term capital losses. Sec. 166(d)(1). A nonbusiness bad debt is defined as a debt other than "(A) a debt created or acquired * * * 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." Sec. 166(d)(2). The question of whether a debt is a business or nonbusiness debt is essentially a question of fact, the resolution of which depends upon whether the debt is "proximately" related to the trade or business of the taxpayer. Sec. 1.166-5(b), Income Tax Regs. A proximate business relationship exists only if the taxpayer's dominant motivation in making the loan was for business reasons. United States v. Generes, 405 U.S. 93 (1972). Thus, in order to receive the favorable tax treatment afforded to business bad debts, petitioner must prove that he was engaged in 3 Respondent does not dispute that the advance, if it was a debt, as we have so held, became worthless in 1989.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011