David E. and Mary R. Price - Page 5

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               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 bona           






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