- 8 - finding, that petitioners included in their gross income the $21,900 of unpaid principal from the second deed. Under the installment reporting method, gain is not recognized until payments are received. Sec. 453(c). Since petitioners did not receive payments and never would report gain which corresponded to the $21,900 loss, petitioners never created a basis on which a later bad debt deduction could be claimed. See Lombard v. Commissioner, T.C. Memo. 1994-154, affd. per curiam without published opinion 57 F.3d 1066 (4th Cir. 1995). They also did not report as income the $9,160 in accrued interest and late fees attributable to the second deed. Since petitioners did not include in income any of the total amount of $31,060 in unpaid principal, interest, and late fees from the second deed, they are not entitled to a bad debt deduction under section 166. (b) Legal Expenses in 1992 A deduction for a bad debt is limited to a bona fide debt. Sec. 1.166-1(c), Income Tax Regs. A taxpayer must establish the validity of a debt before any portion of it may be deducted under section 166. American Offshore, Inc. v. Commissioner, 97 T.C. 579, 602 (1991); sec. 1.166-1(c), Income Tax Regs. A bona fide debt is defined as one which arises from a debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money. Sec. 1.166-1(c), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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