Janice L. Morris - Page 44

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          deduction (viz., the Galt loan) was in fact made, that that loan            
          became worthless during 1987, or that legal expenses were in-               
          curred during that year in the amount claimed in an attempt to              
          recover the proceeds of that loan.                                          
               With respect to the claimed deduction for a business bad               
          debt, under section 166(a), a deduction is allowed for a business           
          bad debt for the year during which it becomes worthless.  If the            
          debt is a nonbusiness debt, section 166(d)(1) provides that the             
          loss from the worthlessness of the debt is to be treated as a               
          short-term capital loss.  Since the parties agree that the Galt             
          loan was made and that it became worthless during 1987, the only            
          issue concerning its deductibility is whether it was a business             
          bad debt for which a deduction is allowed or a nonbusiness bad              
          debt which is to be treated as a short-term capital loss.  On the           
          present record, we find that neither the characterization of the            
          Galt loan as a business debt nor the deduction of that debt when            
          it became worthless was frivolous, fraudulent, or phony.  See               
          Bokum v. Commissioner, 94 T.C. at 142.                                      
               Although the parties stipulated that Mr. Morris was not in             
          the business of lending money during 1987, a person does not have           
          to be in that business in order for a debt to be considered a               
          business debt.  A debt is considered a business debt if it was              
          created or acquired in connection with a trade or business of the           
          taxpayer or if the loss from its worthlessness is incurred in a             
          trade or business.  Sec. 166(d)(2).  A debt is considered a                 




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