- 14 - executed two personal guaranty agreements that covered the debt Four A owed to Appolo. In 1993, Four A declared bankruptcy, and Appolo wrote off the Four A debt and claimed a bad debt deduction under section 166. As a result, on their respective 1993 Federal income tax returns, G. Asher and L. Asher each reported ordinary losses of $80,246 as their distributive share of Appolo's bad debt deduction. In the answer, respondent, for the first time, disallowed these ordinary losses and asserted increased deficiencies in the income taxes of G. Asher and L. Asher. When a new matter is pleaded in the answer, the burden of proof for that issue is on respondent. Rule 142(a). If Appolo is entitled to a bad debt deduction, then G. Asher and L. Asher are entitled to ordinary losses related to their distributive shares of the deduction. Respondent argues that Appolo is not entitled to a bad debt deduction under section 166 for the Four A debt because the Four A shareholders signed personal guaranties and had the financial ability to repay the Four A debt; therefore, the debt was not worthless as required under section 166. G. Asher and L. Asher argue that the guaranties were not supported by adequate and sufficient consideration and are not enforceable; therefore, the debt is worthless, and Appolo is entitled to a bad debt deduction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011