- 7 - issue petitioner 4,550 shares of Action and 56 shares of Caldwell Group, Ltd. (a partially owned subsidiary of National acquired after petitioner's departure) in a general distribution of National's assets in partial satisfaction of its creditors. OPINION We must adjudge whether petitioners are entitled to a bad debt deduction under section 166 in 1989 for the $74,700 advance petitioner made to National in 1987. (The additional $300 petitioners claimed on their return represents the sum petitioner paid for his stock in National. This amount is, therefore, ineligible for a section 166 deduction. Sec. 1.166-1(c), Income Tax Regs.) We must also decide whether petitioners are liable for an accuracy-related penalty under section 6662(a) for a substantial understatement of income tax during 1989. Issue 1. Whether Petitioners Are Entitled to a Section 166 Bad Debt Deduction Section 166(a)(1) provides that a deduction shall be allowed for "any debt which becomes worthless within the taxable year." However, section 166 distinguishes business bad debts from their nonbusiness counterparts. Sec. 166(d); sec. 1.166-5(b), Income Tax Regs. Business bad debts may be deducted against ordinary income whether wholly or partially worthless during the year (to the extent charged off during the tax year as partially worthless debts). Sec. 1.166-3, Income Tax Regs. Nonbusiness bad debts may be deducted, but only if they are entirely worthless in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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