William C. Beretta - Page 18

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            1.166-8, Income Tax Regs.  Whether or not a debt has become                                 
            worthless within a particular year is a question of fact, the                               
            burden of proving which rests upon the petitioner.  American                                
            Offshore, Inc. v. Commissioner, 97 T.C. 579, 593 (1991).                                    
                  Petitioner has offered no evidence that the restaurants'                              
            obligation to repay him for amounts paid became worthless in the                            
            years claimed by petitioner.  In addition, petitioner's claim                               
            that the obligation to repay him became worthless contradicts his                           
            claim that he received thousands of dollars in loan repayments                              
            from the restaurants during the years at issue.  Accordingly,                               
            respondent's denial of the bad debt deduction with respect to                               
            these guaranty payments is sustained.                                                       
            Issue 5.  Dependent                                                                         
                  The next issue for our consideration is whether petitioner                            
            was entitled to claim his mother, Edith Beretta, as a dependent                             
            on his 1990 income tax return.  Section 151(c)(1)(A) allows a                               
            taxpayer to claim an exemption for each dependent (as defined in                            
            section 152) whose gross income is less than the exemption                                  
            amount.  Section 152(a)(4) defines the term "dependent" to                                  
            include the mother of a taxpayer who receives over one-half of                              
            her support from the taxpayer during the taxable year.                                      
            Petitioner bears the burden of showing that he is entitled to                               
            claim his mother as a dependent.  Collins v. Commissioner, T.C.                             
            Memo. 1994-409.                                                                             





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