- 18 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011