- 12 - 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,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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