- 5 - As to both bad debt deductions, petitioners contend that they are entitled to deduct the loans as ordinary losses. Alternatively, petitioners argue that the mining companies, CME and CMA, are partnerships and that, therefore, petitioners are entitled to deduct their distributive share of the mining partnerships' losses against ordinary income for each taxable year.2 Section 166(a)(1) provides, in general, for the deduction of debts that become wholly worthless during a taxable year. Section 166, however, distinguishes between business bad debts and nonbusiness bad debts. Sec. 166(d); sec. 1.166-5(b), Income Tax Regs. Business bad debts may be deducted against ordinary income if they become wholly or partially worthless during the year (in the case of the latter, to the extent charged off during the taxable year as partially worthless debts). Sec. 1.166-3, Income Tax Regs. To qualify for the business bad debt deduction, the taxpayer must establish that the debt was proximately related to the conduct of the taxpayer's trade or business. United States v. Generes, 405 U.S. 93, 103 (1972); sec. 1.166-5(b), Income Tax Regs. 2 Petitioners concede that they did not claim their distributive share of the partnership losses on their personal returns for the years in which they were incurred and that the statute of limitations bars claiming this loss now. Petitioners, however, seek to adjust their basis in their investment and the notes to reflect the losses that they should have claimed.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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