- 44 - 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 aPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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