Steven J. and Michele D. Scagliotta - Page 15

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          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 11                  





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