Stan Pyron and Ruth S. Pyron - Page 6

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               Nonbusiness bad debts, on the other hand, may be deducted,             
          but only if they become entirely worthless during the year                  
          claimed; they are, moreover, to be treated as short-term capital            
          losses.  Sec. 166(d).  Generally, a nonbusiness bad debt is a               
          debt other than a debt (1) created or acquired in the trade or              
          business of the taxpayer or (2) the loss from the worthlessness             
          of which is incurred in a trade or business of the taxpayer.                
          Sec. 166(d)(2).  The question of whether a debt is a nonbusiness            
          bad debt is a question of fact.  Sec. 1.166-5(b), Income Tax                
          Regs.                                                                       
               A deduction for a bad debt is limited to a bona fide debt.             
          Sec. 1.166-1(c), Income Tax Regs.  A bona fide debt is a debt               
          that "arises from a debtor-creditor relationship based upon a               
          valid and enforceable obligation to pay a fixed or determinable             
          sum of money."  Id.  For purposes of section 166, a contribution            
          to capital is not considered a debt.  In re Uneco, Inc., 532 F.2d           
          1204, 1207 (8th Cir. 1976); Kean v. Commissioner, 91 T.C. 575,              
          594 (1988); sec. 1.166-1(c), Income Tax Regs.                               
               Deductions are a matter of legislative grace, and                      
          petitioners bear the burden of proving that they are entitled to            
          the deductions claimed.  Rule 142(a); INDOPCO, Inc. v.                      
          Commissioner, 503 U.S. 79, 84 (1992); New Colonial Ice Co. v.               
          Helvering, 292 U.S. 435 (1934).  Taxpayers are required to                  
          maintain records that are sufficient to enable the Commissioner             
          to determine their correct tax liability.  See sec. 6001;                   




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