- 26 - render the Los Angeles agency office a "qualified financial institution". Thus, we hold that the three entities involved herein were not similar institutions. In sum, we hold that neither BCCI, S.A., its IOMB, nor its Los Angeles agency office is a "qualified financial institution" pursuant to section 165(l)(3)(D).14 Accordingly, petitioner is not entitled to a casualty loss in 1991. Issue 2. Bad Debt Because petitioner is not entitled to a casualty loss, we must determine whether she is entitled to a bad debt deduction under section 166. Petitioner argues that her claimed loss should at least be treated as a 1991 nonbusiness bad debt. Respondent agrees that the claimed loss is properly treated as a nonbusiness bad debt, but contends that the loss was not worthless at the close of 1991. A nonbusiness debt is 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." Sec. 166(d)(2)(A) 14 The above analysis makes it unnecessary to consider whether petitioner incurred a loss "as of the close of the taxable year" that "can reasonably be estimated", sec. 165(l)(1)(A), and whether such loss was "on account of the bankruptcy or insolvency of such institution", sec. 165(l)(1)(B).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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