Stan Pyron and Ruth S. Pyron - Page 4

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          worthlessness of loans allegedly made by petitioner to CME/CMA in           
          the amount of $633,897.  As a result of their deduction of that             
          loss, petitioners reported on their 1989 amended return a net               
          operating loss which subsequently was carried forward to                    
          petitioners' 1990 return.  Respondent argues that petitioner's              
          advances were not bona fide debt but, rather, contributions to              
          capital.  Consequently, in the notice of deficiency, respondent             
          disallowed the portion of the loss carryforward on petitioners'             
          1990 tax return attributable to the bad debt deduction in the               
          amount of $633,897 claimed by petitioners on their 1989 amended             
          return and recharacterized such amount as $64,085 in short-term             
          capital loss and $460,526 in long-term capital loss.                        
               The second bad debt deduction, claimed by petitioners on               
          their 1990 return, was for the worthlessness of loans allegedly             
          made by petitioner to CME/CMA in the amount of $4,010.                      
          Respondent argues that petitioner's advances were not bona fide             
          debt but, rather, contributions to capital.  Consequently, in the           
          notice of deficiency, respondent disallowed the deduction and               
          increased petitioners' taxable income; respondent, however, did             
          not recharacterize the amount as a capital loss.  As an                     
          alternative argument, respondent argues that the advances, if               
          they are considered bona fide debt, are nonbusiness bad debts               
          deductible only to the extent permitted pursuant to section                 
          166(d).                                                                     






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