Kenneth R. and Carol L. Bauer - Page 6

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          silverware, and dishes).  Petitioners were aware that other                 
          creditors of the Dubatos were also dunning them for payment.                
          This included a meat supplier, a food supplier, and a State                 
          revenue officer who, Mrs. Bauer saw, “came in and took the money            
          right out of the drawer for sales tax”.  The Dubatos continued              
          living in Bullhead City for some part of 1994, but later on                 
          during the year, they eventually moved.  At the time of trial,              
          petitioners were unaware of the Dubatos’ whereabouts.                       
               On their 1993 Federal income tax return, petitioners claimed           
          a $10,901 business bad debt deduction.  In the notice of                    
          deficiency, respondent, inter alia, disallowed the bad debt                 
          deduction.  At trial, petitioners conceded that their advances              
          were nonbusiness debts, and they now seek only a nonbusiness bad            
          debt deduction.  All other adjustments in the notice of                     
          deficiency have been resolved.                                              
                                     Discussion                                       
               The Commissioner’s determinations are presumed correct, and            
          petitioners bear the burden of proving that those determinations            
          are erroneous.  Rule 142(a); Welch v. Helvering, 290 U.S. 111,              
          115 (1933).                                                                 
               Section 166(a) permits a deduction for any bona fide debt              
          that becomes worthless within the taxable year.  To qualify for             
          the bad debt deduction, there must be a debtor-creditor                     
          relationship.  Sec. 1.166-1(c), Income Tax Regs.  Whether a bona            





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