- 7 - 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 supportPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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