Ronald I. and Lois B. Koenig - Page 3

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               Some of the facts have been stipulated and are so found.               
          The stipulated facts and the accompanying exhibits are                      
          incorporated herein by this reference.  At the time the petition            
          in this case was filed, petitioners resided in Paradise Valley,             
          Arizona.                                                                    
               For convenience, we combine our findings of fact with our              
          opinion under each separate issue heading.2                                 
          Issue 1.  Bad Debt                                                          
               Respondent determined that for 1990 petitioners were not               
          entitled to a $500,000 business bad debt deduction related to               
          their disposition of Washington Chocolate.                                  
               Section 166 entitles a taxpayer to a deduction for a bad               
          debt that becomes worthless during the taxable year.  A business            
          bad debt can be deducted from ordinary income if it is either               
          partially or totally worthless.  Sec. 166(a).  Only a bona fide             
          debt is deductible.  Sec. 1.166-1(c), Income Tax Regs.                      
          Petitioners bear the burden of proving that a bona fide business            
          debt exists and that the debt became worthless during the taxable           
          year in issue.  Rule 142(a); Crown v. Commissioner, 77 T.C. 582,            
          598 (1981); Rude v. Commissioner, 48 T.C. 165, 172 (1967).                  
               From July 25, 1986, until May 26, 1989, petitioners were the           
          sole shareholders of Washington Chocolate, a subchapter S                   

               2    We have considered each of the parties' arguments and,            
          to the extent that they are not discussed herein, find them to be           
          unconvincing.                                                               




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