William Spencer Bach and Barbara Ruth Bach - Page 11

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          claimed on their return.7  Petitioners contend that various debts           
          of the partnerships arose when loans were made by petitioners to            
          ISI which, in turn, made loans to each of the various                       
          partnerships in which both ISI and Mr. Bach held interests.                 
          Further, petitioners contend that the loans receivable from the             
          partnerships recorded on ISI's books would be reduced at the end            
          of the year and a corresponding increase in salary or officer's             
          compensation expense would be made on the books which represented           
          payment to Mr. Bach by the same amount.  Petitioners also contend           
          that each of the alleged payments made to them was recorded as              
          income on their income tax return for each year.  Petitioners               
          ultimately contend that through this process, they were in                  
          essence making the loans to the various partnerships and that               
          these loans were never paid back nor credited to petitioners'               
          capital accounts.                                                           
               Mr. Bach testified that no written loan agreements ever                
          existed between ISI and any partnership or between petitioners              
          and any of the partnerships.  On brief, petitioners attached                
          documents which purport to summarize loans totaling $1,042,809.42           


               7Sec. 166(a) provides that there shall be allowed as a                 
          deduction any debt which becomes worthless during the taxable               
          year.  Petitioners bear the burden to establish:  (1) The                   
          existence of a bona fide debt; (2) the amount of the debt; (3)              
          that the debt was incurred in or was created or acquired in                 
          connection with Mr. Bach's trade or business; and (4) that the              
          debt became worthless at least in part during the taxable year.             
          Sec. 166(a), (d)(2); Rule 142(a); secs. 1.166-1(a), (c), 1.166-             
          5(b), Income Tax Regs.                                                      




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