- 12 - Petitioner also has generated large amounts of personal service income in years following and including the year of the Loan, and we do not find that petitioner's guaranty of the Loan was tied to his receipt of this income. We hold that petitioner's dominant motive when he guaranteed the Loan was to protect his investment in EPC, and, hence, that his deduction with respect thereto is attributable to a nonbusiness bad debt. As to the amount of petitioner's deduction, we find that petitioner paid the Bank $12,000, and that it foreclosed on his land that he pledged as security for the Loan. We decline to allow petitioner any deduction with respect to the land. The parties have not adequately addressed the tax consequences surrounding the SBA's foreclosure of the mortgage, and the record does not contain enough data for us to determine the tax consequences, including petitioner's deduction (if any), with respect thereto. See Helvering v. Hammel, 311 U.S. 504 (1941) (a foreclosure is a "sale" precipitating the recognition of gain or loss). We are unable to find, for example, the value of the land at the time of the foreclosure, the amount realized by petitioner upon the foreclosure, or petitioner's basis in the land at the time of the foreclosure. Accordingly, we hold that petitioner's deduction is limited to $12,000. 2. $31,000 Amount Respondent also determined that petitioner could not deduct the $31,000 payment that he made to the United States in 1991.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011