14 from liability for the Northeast litigation and adversary proceeding. II. OPINION A. Whether Petitioners May Deduct $750,000 That Petitioner Paid To Settle Civil Litigation and Petitioner's Bankruptcy Proceedings 1. Whether Petitioner's Settlement Payment Was a Business Bad Debt Petitioners contend that they may deduct as a business bad debt or as a business expense $750,000 they paid in 1988 to settle the Northeast litigation and petitioner's bankruptcy proceedings. A taxpayer may deduct debts that become worthless in the taxable year. Sec. 166(a)(1). Section 166 distinguishes between business and nonbusiness bad debts. A business bad debt is a debt created or acquired in connection with the taxpayer's trade or business or a debt the loss from the worthlessness of which is incurred in the taxpayer's trade or business. Sec. 166(d)(2). Nonbusiness bad debts of taxpayers other than corporations are short-term capital losses. Sec. 166(d)(1)(B). A taxpayer may deduct as a business bad debt a payment it makes to discharge the taxpayer's obligation as a guarantor if: (a) The taxpayer was engaged in a trade or business when he or she made the guaranty, and (b) the guaranty was proximately related to the conduct of that trade or business. Jones v. Commissioner, T.C. Memo. 1997-368; Weber v. Commissioner, T.C. Memo. 1994-341; Smartt v. Commissioner, T.C. Memo. 1993-65; seePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011