Stan Pyron and Ruth S. Pyron - Page 5

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               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.                  




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