- 6 - as petitioners contend, that that award became worthless during 1991, petitioners nonetheless would not be entitled for 1991 to a nonbusiness bad debt deduction with respect to that award. A taxpayer is not entitled to a deduction for a worthless debt under section 166 in connection with an income item unless it has been included in the taxpayer's gross income for Federal income tax purposes either for the year for which the deduction is claimed or for a prior year. Seymour v. Commissioner, 14 T.C. 1111, 1117 (1950); see Gertz v. Commissioner, 64 T.C. 598, 600 (1975); O'Meara v. Commissioner, 8 T.C. 622, 633 (1947); sec. 1.166-1(e), Income Tax Regs. As petitioners concede on brief, the $50,000 punitive damages award at issue is an item of gross income.5 See Commis- sioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955); sec. 1.61-14(a), Income Tax Regs. Petitioner did not at any time recover from Mr. Erkel any portion of that award. Petitioners, who use the cash method of accounting, were not required to, and did not, include in their gross income for 1991 any portion of the $50,000 punitive damages award. See sec. 451(a); sec. 1.451- 5 Petitioners argue on brief that since punitive damages that are collected by a taxpayer are included in the taxpayer's gross income for Federal income tax purposes under Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955), punitive damages that are awarded to, but not collected by, the taxpayer give rise to a bad debt deduction under sec. 166. Petitioners' reliance on the Glenshaw Glass Co. case is misplaced. That case does not in any way indicate that uncollected punitive damages give rise to a bad debt deduction under sec. 166.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011