Manaharlal C. Parekh and Elizabeth Parekh - Page 9

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          capital loss under section 166(d) and section 1.166-9(b), Income            
          Tax Regs.  We agree with respondent.                                        
          Guarantor Payments                                                          
               Section 166 allows a deduction for the loss sustained on               
          account of a bad debt.  A deduction is allowed to the extent that           
          the debt becomes worthless during the year.  Sec. 166(a).                   
          Section 1.166-9(b), Income Tax Regs., applies to a taxpayer who             
          enters into a transaction for profit, but not in the course of              
          his trade or business, to act as a guarantor, endorser, or                  
          indemnitor.  This section of the regulations provides that "a               
          payment of principal or interest made * * * by the taxpayer in              
          discharge of part or all of the taxpayer's obligation as a                  
          guarantor, endorser, or indemnitor is treated as a worthless                
          nonbusiness debt".  Section 1.166-9(b), Income Tax Regs., further           
          provides that neither section 163 nor section 165 will apply with           
          respect to such a payment.  Therefore, if the payment falls under           
          both sections 165 and 166, then it can be deducted only as a bad            
          debt under section 166.  Intergraph Corp. & Subs. v.                        
          Commissioner, 106 T.C. 312, 322-325 (1996), affd. without                   
          published opinion 121 F.3d 723 (11th Cir. 1997); see Putnam v.              
          Commissioner, 352 U.S. 82, 85-93 (1956); Spring City Foundry Co.            
          v. Commissioner, 292 U.S. 182, 189 (1934); Horne v. Commissioner,           
          59 T.C. 319, 336 (1972), affd. 523 F.2d 1363 (9th Cir. 1975).               







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