Dennis W. Stark - Page 12



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          Lakeview to William.                                                        
               b. Bad Debt Deduction                                                  
               Petitioner alternatively contends that William's diversions            
          of corporate funds gave rise to a debt by operation of law that             
          was owed to Lakeview, and that this debt became worthless in                
          1992, thereby entitling it to a bad debt deduction under section            
          166(a)(1).                                                                  
               Section 166(a)(1) allows a deduction for "any debt which               
          becomes worthless within the taxable year."  Under section 1.166-           
          1(c), Income Tax Regs., the debt must be "bona fide", defined as            
          "a debt which arises from a debtor-creditor relationship based              
          upon a valid and enforceable obligation to pay a fixed or                   
          determinable sum of money."                                                 
               The existence of a debt for purposes of section 166                    
          ordinarily requires a showing that contemporaneously with a                 
          transfer of money the transferor and recipient both intend to               
          establish an enforceable obligation of repayment.  Delta Plastics           
          Corp. v. Commissioner, 54 T.C. 1287, 1291 (1970); Fisher v.                 
          Commissioner, 54 T.C. 905, 909-910 (1970).  Here, however,                  
          petitioner argues that a debt arose not from the parties' intent,           
          but by operation of law, relying on Iowa S. Utils. Co. v. United            
          States, 348 F.2d 492 (Ct. Cl. 1965).  In that case, the Court of            
          Claims held that an intent to create a debtor-creditor                      
          relationship is unnecessary to create a bona fide debt where the            
          debt arises by operation of law.                                            
               Petitioner's argument fails for several reasons.  First,               



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