- 11 - forward that loss to 1989. They argue that if a capital loss were incurred in those years "which exceeded the current capital gains and other application of capital losses during the period from 1979 to 1988, the capital loss carryover created would be capable of being carried into 1989 and offset the reported gain." Petitioners are unclear about whether they are seeking a bad debt deduction under the provisions of section 166, a loss deduction under the provisions of section 165, or both with respect to the Riviera and the Arizona Marine transactions. In their trial memorandum, petitioners cite section 166(a), which allows a deduction for a debt that becomes worthless within a taxable year. They also cite section 165(g), which allows a deduction for a security which becomes worthless during a taxable year. On brief after trial, petitioners argue "there is little significance to whether the loss constituted a short-term capital loss under � 166(d)(1)(B) IRC or a long term capital loss as described under � 1201 et.seq. IRC." They cite no other code sections throughout their brief and reply brief. The separate statutory provisions regarding losses and bad debts are mutually exclusive. Spring City Foundry Co. v. Commissioner, 292 U.S. 182, 189 (1934). Therefore, if a loss has been sustained, the taxpayer may not deduct it as a bad debt. Moreover, deductions are not a matter of right but of legislative grace. The burden is on the taxpayer to bring the case squarelyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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