- 9 - the year claimed by petitioner; and (2) petitioner, as guarantor, did not pay the Security note in the year claimed by petitioner, and therefore petitioner is not entitled to a bad debt deduction in 1986. Because we find that the issue of worthlessness is determinative of petitioner's right to a bad debt deduction in the instant case, we shall address that issue first. Section 166(a) provides that a taxpayer may deduct any debt that becomes wholly or partially worthless within the taxable year. Under section 166, worthless business bad debts are fully deductible from ordinary income. The parties do not dispute the existence of a bona fide debt between VIP and Security; the parties do dispute whether petitioner “paid” VIP's debt as guarantor, and, if so, whether petitioner incurred a debt that became worthless during the 1986 taxable year.3 Petitioner bears the burden of proving that the debt became worthless in the year in which it was claimed, that such worthlessness resulted in a NOL, and that the NOL is eligible to be carried back to the 1984 taxable year. Rule 142(a). There is 2(...continued) record, under Oklahoma State law petitioner would have an equitable right of subrogation if he paid the VIP note in his capacity as guarantor. Moore v. White, 603 P.2d 1119 (Okla. 1979). 3 Additionally, if we find that petitioner did pay VIP's debt as guarantor and that the debt became worthless in 1986, respondent argues that such loss is a nonbusiness bad debt, and therefore the loss is a short-term capital loss which does not give rise to a NOL carryback. See sec. 166(d)(1)(B).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011