- 15 - same manner as short-term capital losses, and only if the debts are wholly worthless in the year claimed. Sec. 166(d); sec. 1.166-5(a)(2), Income Tax Regs. Section 166(d)(2) provides generally that a "nonbusiness debt" means a debt other than a debt created or acquired in connection with a trade or business of the taxpayer or a debt the loss from the worthlessness of which is incurred in the taxpayer's trade or business. This Court has concluded above that petitioner was not engaged in a trade or business during 1990. Moreover, the indebtedness at issue was not incurred in connection with the activity claimed by petitioners to have been a trade or business but rather was incurred in connection with rental properties in Tennessee, the income and expenses from which petitioners reported on Schedule E of their return. The loans petitioner made to Ms. Marshall were in connection with properties petitioner held for the production or collection of income under section 212 and were not related to or made in connection with a trade or business activity within the intent and meaning of section 162(a). Thus, petitioners are precluded from claiming a business bad debt deduction. Additionally, petitioners failed to establish that the indebtedness owing by Ms. Marshall became wholly worthless during 1990 to support a claim for a nonbusiness bad debt deduction. The record shows that, in Ms. Marshall's bankruptcy proceeding, which was initially filed under chapter 11Page: 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