Eric L. and Kay K. Jones - Page 6

                                                - 6 -                                                 
            nonbusiness bad debt is a question of fact.  Sec. 1.166-5(b),                             
            Income Tax Regs.                                                                          
                  The bad debt deduction is limited to bona fide debt, that                           
            is, debts that arise from a debtor-creditor relationship based                            
            upon a valid and enforceable obligation to pay a fixed or                                 
            determinable sum of money.  Sec. 1.166-1(c), Income Tax Regs.                             
            For purposes of section 166, a contribution to capital is not                             
            considered a debt.  United States v. Uneco, Inc. (In re Uneco,                            
            Inc.), 532 F.2d 1204, 1207 (8th Cir. 1976); Kean v. Commissioner,                         
            91 T.C. 575, 594 (1988); sec. 1.166-1(c), Income Tax Regs.                                
                  A payment by a taxpayer in discharge of part or all of the                          
            taxpayer's agreement to act as a guarantor, endorser, or                                  
            indemnitor of a debt obligation is to be treated as a worthless                           
            debt only if:  (1) The agreement was entered into in the course                           
            of the taxpayer's trade or business or a transaction for profit;                          
            (2) there was an enforceable legal duty upon the taxpayer to make                         
            the payment; and (3) the agreement was entered into before the                            
            obligation became worthless (or partially worthless in the case                           
            of an agreement entered into in the course of the taxpayer's                              
            trade or business).  Sec. 1.166-9(d), Income Tax Regs.                                    
            Generally, if a taxpayer enters into an agreement to act as a                             
            guarantor in the course of trade or business, a payment by the                            
            taxpayer in discharge of part or all of the taxpayer's obligation                         
            as a guarantor is treated as a business bad debt at the time of                           
            payment to the extent that any right of subrogation held by the                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011