Frank A. Walter and Joann R. Walter - Page 6

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          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.                                          




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