Alton W. Burns and Pamela Burns - Page 13

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            Riviera transactions, the disposition of the alleged notes                                   
            occurred on October 31, 1979.  The transactions relating to                                  
            Arizona Marine occurred on May 9, 1980.  The losses suffered, if                             
            any, would have been required to be reported on either                                       
            petitioners' 1979 or 1980 Federal income tax returns.  The record                            
            does not contain these returns.  Accordingly, it is unclear how                              
            petitioners treated these transactions on their returns.                                     
                  In order to claim either of these alleged losses,                                      
            petitioners were required to establish the amount of that loss by                            
            reference to their adjusted bases in the assets.  Because we find                            
            that petitioners did not establish their bases, the amount of                                
            their losses, if any, cannot be computed.  Sec. 165(b); Millsap                              
            v. Commissioner, supra; Fisher v. Commissioner, supra.  Although                             
            nothing further need be said in light of these findings, we                                  
            address some of petitioners' contentions below.                                              
                  Petitioners suggest that section 166 might apply to the                                
            transactions at issue.  In general, section 166(a) allows a                                  
            deduction for a debt which become worthless during the taxable                               
            year.  To be entitled to the deduction, the taxpayer must prove                              
            the existence of a bona fide debtor-creditor relationship which                              
            obligates the debtor to pay the taxpayer a fixed or determinable                             
            sum of money.  A contribution to capital cannot be considered                                
            debt.  Calumet Indus., Inc. v. Commissioner, 95 T.C. 257, 284                                
            (1990); sec. 1.166-1(c), Income Tax Regs.  The loss on the                                   
            worthlessness of a nonbusiness bad debt is deductible only as a                              




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