August V. and Mary E. Klaue - Page 7




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          Estes' debt, petitioner, Estes, and the architect went to Beijing           
          to investigate the hotel project and the market for the Theratech           
          device.                                                                     
               Unfortunately, shortly after the party returned to the                 
          United States, and before any contracts were signed, the                    
          architect died.  No further attempts were made to market the                
          device in China, and the Theratech stock soon became worthless.             
               In 1993, petitioner demanded payment on the notes.  Estes,             
          however, was in the middle of a divorce, was without funds and              
          living in the home of a relative, and was considering filing for            
          bankruptcy.  Estes transferred the title of his only asset, a               
          power boat, to petitioner.  Upon the advice of his attorney,                
          petitioner decided that it would be futile to make further                  
          attempts to collect on the notes.                                           
               Petitioners claimed a deduction on their 1993 return for a             
          $266,323 nonbusiness bad debt loss, and a capital loss carryover            
          on their 1994 return.  Respondent determined that petitioners               
          were not entitled to the deductions.                                        
                                       OPINION                                        
               In the notices of deficiency, respondent disallowed the                
          losses on the grounds that petitioners failed to establish the              
          amount of the debt and that it became uncollectible during the              
          1993 taxable year.  On brief, respondent argues that petitioner             
          did not prove that a true debtor-creditor relationship was                  





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