- 7 - Bogue’s bankruptcy attorney during 1992, made an estimate of $75,000. In connection with the preparation of petitioners’ 1992 tax return, they conducted a more thorough evaluation and concluded that the amount advanced to Mr. Bogue was almost double the amount petitioners had claimed in the bankruptcy proceeding. Although petitioners contend that the advances were loans with the expectation of repayment, the record contradicts such a conclusion.3 Based on the facts and circumstances in this record, petitioners’ advances were made with compassion and generosity. The record also reveals that Mr. Bogue was in financial and other types of difficulty throughout the entire period in which the advances were made. It was, therefore, highly unlikely that he would be able to repay the advances. Although petitioners are generous parents who financially supported their child in his time of need, the circumstances here do not show a bona fide debtor-creditor relationship and entitlement to a bad-debt deduction under section 166. See Kean v. Commissioner, 91 T.C. 575 (1988). Respondent also determined that petitioners are subject to an addition to the 1992 tax for late filing of their return and a 3 Because we hold that petitioners did not have a debtor- creditor relationship and that the advances were in the nature of gifts and were not loans, it is unnecessary to decide whether petitioners substantiated the amounts claimed for their 1992 and 1993 taxable years.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011