Nathan Boatner - Page 5

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            Bad Debt Deduction                                                                          
                  Generally, taxpayers may deduct the value of bona fide debts                          
            owed to them that become worthless during the year.  Sec. 166(a).                           
            Bona fide debts generally arise from valid debtor-creditor                                  
            relationships reflecting enforceable and unconditional                                      
            obligations to repay fixed sums of money.  Sec. 1.166-1(c),                                 
            Income Tax Regs.  For purposes of section 166, contributions to                             
            capital do not constitute bona fide debts.  Kean v. Commissioner,                           
            91 T.C. 575, 594 (1988).                                                                    
                  The question of whether transfers of funds to closely held                            
            corporations constitute debt or equity must be decided on the                               
            basis of all the relevant facts and circumstances.  Dixie Dairies                           
            Corp. v. Commissioner, 74 T.C. 476, 493 (1980).  Taxpayers                                  
            generally bear the burden of proving that the transfers                                     
            constituted loans and not equity investments.  Rule 142(a).                                 
                  Courts look to the following nonexclusive factors to                                  
            evaluate the nature of transfers of funds to closely held                                   
            corporations:  (1) The names given to the documents evidencing                              
            the purported loans; (2) the presence or absence of fixed                                   
            maturity dates with regard to the purported loans; (3) the likely                           
            source of any repayments; (4) whether the taxpayers could or                                
            would enforce repayment of the transfers; (5) whether the                                   
            taxpayers participated in the management of the corporations as a                           
            result of the transfers; (6) whether the taxpayers subordinated                             





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