- 5 - Respondent contends that petitioner is not entitled to the nonbusiness bad debt deduction because petitioner failed to demonstrate that a bona fide debt existed between petitioner and Maxted. Further, assuming a bona fide debt existed, respondent maintains that petitioner failed to show that the debt became worthless in 1988. Bad Debt Section 166(a) provides a deduction for any debt which becomes worthless within the taxable year. A nonbusiness bad debt is considered a loss from the sale or exchange of a short term capital asset. Sec. 166(d)(1)(B). Only a bona fide debt qualifies under section 166(a). Sec. 1.166-1(c), Income Tax Regs. Section 1.166-1(c), Income Tax Regs., defines a bona fide debt as "a debt which arises from a debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money." The existence of a bona fide debt is a factual inquiry that turns on the facts and circumstances of the particular case, and the taxpayer bears the burden of proving that a bona fide debt existed. Dixie Dairies Corp. v. Commissioner, 74 T.C. 476, 493 (1980); Litton Business Sys., Inc. v. Commissioner, 61 T.C. 367, 377 (1973). However, the ultimate question is whether there was a genuine intention to create a debt, with a reasonable expectation of repayment, and whether that intention comportsPage: Previous 1 2 3 4 5 6 7 8 9 Next
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