- 4 - not pay 25 percent of the profit to petitioner in accord with the agreement. In 1984, petitioner sued Mr. MacCoon for the outstanding balance of the note and petitioner’s 25-percent share of the profits from the sale of the adjacent land ($100,000). Petitioner and Mr. MacCoon reached a settlement in the lawsuit. Mr. MacCoon was no longer obligated to pay the note following the settlement. Petitioner provided no other information regarding the settlement. Petitioners claimed a $65,000 short-term capital loss attributable to the MacCoon note on their 1988 return. Respondent disallowed the claimed capital loss. OPINION We must decide whether petitioners are entitled to a non- business bad debt deduction on their 1988 return. Generally, taxpayers may deduct the value of bona fide debts owed to them that become worthless during the year. Sec. 166(a); Millsap v. Commissioner, 46 T.C. 751, 762 (1966), affd. 387 F.2d 420 (8th Cir. 1968). Bona fide debts generally arise from valid debtor- creditor relationships reflecting enforceable and unconditional obligations to repay fixed sums of money. Sec. 1.166-1(c), Income Tax Regs. Section 166 prescribes three ways in which deductions may be taken for worthless debts: (1) As an ordinary deduction during a taxable year in which a business bad debt becomes completely worthless; (2) as an ordinary deduction when a business bad debt becomes partially worthless during the taxable year, but only to the extent worthless; and (3) as a short-term capital loss when a nonbusiness bad debt held by a taxpayer otherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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