- 10 - became worthless within the taxable year. Sec. 1.166-1(c), Income Tax Regs.; Andrew v. Commissioner, 54 T.C. 239, 244-245 (1970). The Court is satisfied that there was a debtor-creditor relationship and that the corporation owed a genuine debt to petitioner.3 The first question is the year in which the $122,682.75 debt became worthless. Respondent contends that the debt became worthless in 1985. Petitioner contends the debt became worthless in 1989. The Court agrees with respondent. In 1985, the corporate receiver reported there were no assets of the judgment debtors upon which the judgment could be collected and that collection efforts would not be worthwhile. The receiver was of the opinion that the judgment was virtually worthless. Based on the receiver's opinion, the receivership was terminated, and the judgment was transferred to petitioner. The Court finds that, when the receiver established, in 1985, that the corporation had no assets other than the worthless judgment, the debt owing by 3 At trial, counsel for respondent asserted, for the first time, that petitioner's advances of $111,000 constituted capital contributions to the corporation. The Court rejects that contention. The Court is satisfied that the "investment certificates" constituted loans and were not capital contributions. With respect to the $11,682.75 in legal expenses paid by petitioner, the Court concludes that those expenses were so closely related to the advances petitioner made to the corporation that such expenses "assume identical characteristics" as the $111,000 advances, so that the two components of petitioner's claimed deductions are accorded identical treatment. See Blauner v. Commissioner, T.C. Memo. 1967-156; see also Ander v. Commissioner, 47 T.C. 592 (1967).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011