- 12 - invalid, or unenforceable Mark's agreement to repay petitioner's advances. Of course, we must still consider whether Mark Mann's obligation to repay petitioner was contingent, on the basis of the evidence other than petitioner's stipulation. Respondent is correct that if a borrower promises to repay only from a specified fund, the borrower's obligation will generally be treated as contingent, and no bad debt deduction will be allowed. See Ewing v. Commissioner, 20 T.C. 216, 229 (1953) (payment only from operating profits), affd. on other grounds 213 F.2d 438 (2d Cir. 1954); Clark v. Commissioner, supra (payment only from dividends on certain stock); 17A Am. Jur. 2d Contracts sec. 496 (1991) (promise to pay out of a specified fund generally renders contract conditional). But cf. Clay Drilling Co. v. Commissioner, 6 T.C. 324 (1946) (bad debt deduction allowed even though debt was repayable only from future commissions to be earned by debtor). An obligation to repay will also generally be found to be contingent if the borrower promises to repay only when financially able to do so. See Zimmerman v. United States, 318 F.2d 611 (9th Cir. 1963) (no valid debt existed--and no bad debt deduction was proper--where repayment was to be made only when the borrower could carry itself financially, and only in whatever amount could be paid without jeopardizing the borrower).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011