- 8 - petitioner's advances, and Richard Mann and he had never discussed forgiving or canceling them. When petitioner canceled Mark Mann's obligation to repay the advances, Mark was 37 years old. At that time, Mark's required child support payments were $800 per month; he was also required to make support payments to his former wife. After the cancellation of the advances, Mark Mann did not obtain full-time work until June 1995. In that month, Mark accepted a position as the construction manager for the Confederated Tribes of Warm Springs, at a salary of $52,000 per year. At the time of trial (in March 1998) Mark still held this position, at the same salary, with no bonus or other contingent compensation arrangements. Mark Mann had not attained solvency at the time of trial. OPINION Subject to the limitations set forth in section 166(d) and (e), which are not at issue here, section 166(a)(1) allows a deduction for any debt that becomes worthless within the taxable year. This "bad debt" deduction applies only to obligations that are bona fide debt, as defined by section 1.166-1(c), Income Tax Regs., and the applicable case law. Petitioner must prove its entitlement to the bad debt deduction. See Rule 142(a); Welch v. Helvering, 290 U.S. 111Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011