- 5 - Petitioner claimed on his 1990, 1991, and 1992 returns deductions relating to his 1990, 1991, and 1992 advances to Speedmart. He reported bad debt expenses of $24,000, $34,103, and $28,000 on his Schedules C (Profit or Loss From Business (Sole Proprietorship)) for 1990, 1991, and 1992, respectively. Petitioner also claimed, for 1990, 1991, and 1992, unreimbursed partnership expenses of $500, $500, and $1,000, respectively. On February 15, 1995, respondent issued a notice of deficiency disallowing the claimed deductions. By amendment to her answer, respondent asserted a negligence penalty for each year. OPINION I. Bad Debt Deductions Section 166(a) allows a deduction for debts that become worthless during the taxable year. By contrast, capital contributions are not deductible under section 166(a). See, e.g., Calumet Indus., Inc. v. Commissioner, 95 T.C. 257, 284 (1990). For purposes of section 166(a), the term "debt" includes only bona fide debts. Sec. 1.166-1(c), Income Tax Regs. According to the regulation, "A bona fide debt is a debt which arises from a debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money." Id. Consequently, we must determine whether petitioner's advances to Speedmart were made in exchange for bonaPage: Previous 1 2 3 4 5 6 7 8 Next
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