Larry J. and Angela L. Siggelkow - Page 7




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          the failure of PLG, and took no salary for his position with PLG.           
          See United States v. Generes, supra at 103 (considering the ratio           
          of salary to debt amount a significant factor to find business              
          purpose for an employee loan).                                              
               A taxpayer may claim a business loss in situations in which            
          the taxpayer’s activities in making loans have been regarded as             
          so extensive and continuous as to elevate that activity to the              
          status of a separate business.  Rollins v. Commissioner, 32 T.C.            
          604, 613 (1959), affd. 276 F.2d 368 (4th Cir. 1960); Barish v.              
          Commissioner, 31 T.C. 1280, 1286 (1959); Estate of Palmer v.                
          Commissioner, 17 T.C. 702 (1951).  Yet, petitioner presented no             
          evidence that his activity in that respect was extensive enough             
          to constitute a separate business.  We also find it significant             
          that petitioner did not charge enough interest to create any                
          lender profit margin and maintained no documentation on the                 
          advance he made.                                                            
               Having considered the record herein in light of the above              
          criteria, we conclude that petitioner did not make the advance to           
          PLG in furtherance of his trade or business; he was not in the              
          business of lending money, nor did he make the advance in order             
          to preserve a salary from PLG.  Petitioner is not entitled to a             
          business bad debt deduction under section 166.                              
               In light of the foregoing,                                             

                                             Decision will be entered for             
                                        respondent.                                   


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