- 7 - 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.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011