Joel Baker - Page 7

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          the year.  Sec. 1211(b)(1).  Respondent concedes the validity and           
          the amount of the loan, as well as its worthlessness as a bad               
          debt.  The issue to be decided, therefore, is whether petitioner            
          is entitled to claim the bad debt as a business bad debt.                   
               Bad debts are properly characterized as business bad debts             
          if they are incurred in connection with a trade or business of              
          the taxpayer.  Sec. 166(d)(2).  Petitioner argues that he was in            
          the trade or business of lending money.  During the year in                 
          issue, petitioner worked as a school counselor and reported wages           
          from that activity.  Petitioner's 1990 income tax return does not           
          reflect any other activity which would lead us to the conclusion            
          that he was in the trade or business of lending money.  Based               
          upon the record before us, we find that petitioner has failed to            
          present sufficient evidence to establish that he is entitled to a           
          deduction for a business bad debt.  Deely v. Commissioner, 73               
          T.C. 1081, 1096 (1980).  Therefore, we sustain respondent's                 
          determination that the loss in question constituted a nonbusiness           
          bad debt.                                                                   
          Theft Loss in 1991                                                          
               Petitioner was divorced in 1972, and fell into arrears on              
          child support payments to his former wife.  By September 21,                
          1987, however, petitioner had paid all amounts in arrearage.                
          Nevertheless, on January 29, 1988, petitioner's former wife                 
          obtained an ex parte order to withhold a portion of petitioner's            
          wages at a rate of $500 per month until purported child support             




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