- 13 - 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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