- 5 - policy on Mr. Cerand held by FWC with $160,859 cash surrender value. Petitioner recovered the cash surrender value and reported the income as a debt reduction. No further attempts were made to secure payment from the three defunct corporations. In 1990, petitioner claimed a bad debt deduction for the unpaid balances of ASC and CAI. In 1991, petitioner claimed a bad debt deduction for FWC’s unpaid balance. In 1992, petitioner claimed an NOL carryforward that was generated by the bad debt claims. Respondent disallowed the following bad debt deductions as ordinary losses, determining that they were capital losses. 1990 1991 Cerand Aviation, Inc. $174,760 --- Aviation Services Corp. 43,331 --- First World Co., Inc. --- $681,112 Total 218,091 681,112 Respondent asserts that the funds advanced by petitioner were actually capital contributions to equity rather than debt. If the bad debt deductions are not allowed as ordinary losses, then the 1992 NOL carryforward is not allowable, and a previously unavailable charitable deduction would be allowed. OPINION The sole adjustment under consideration involves the question of whether petitioner is entitled, under section 166, to business bad debt deductions for 1990 and 1991 due to the failure of FWC, CAI, and ASC to repay advances made by petitioner. All other adjustments depend on the outcome of this primary issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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