-12- indication that any of the $3,500 was a loan from petitioners to Cirtex. Assuming that the $3,500 was a loan, and not a capital contribution, petitioners offered no evidence to prove that the unreimbursed portion ($1,500) became worthless. Petitioners failed to satisfy their burden of proof establishing the existence of the claimed loan as well as the year in which the purported loan became worthless. They are thus not entitled to a bad debt deduction with respect to this purported loan. Petitioners claim they paid $4,000 to Esstec, a nonincorporated business, on behalf of Cirtex. The owner of Esstec, Stephen Williams, also was a Cirtex employee and had rented space in Cirtex's building. Cirtex did not provide a note to evidence petitioners' payment on its behalf. The only evidence presented was petitioners' check, dated July 11, 1988, made payable to Esstec. The notation at the bottom of the check stated "Esstec loan". Mrs. Yei testified that Esstec went out of business in 1989, but her testimony in this regard was not credible. Petitioners did not satisfy their burden of proof to establish the identity of the borrower, the existence of a loan, or the year in which the purported loan became worthless. Thus, they are not entitled to a bad debt deduction with respect to this purported loan. Petitioners sold an automobile to Stephen Williams for $2,000 in 1988, reporting $500 in income on their 1988 return and $1,500 in income on their 1989 return. Petitioners claim that they didPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011