- 4 - From 1991 through 1994, petitioner made a total of 19 loans to Hamilton, which were personally guaranteed by petitioner’s son, totaling $120,800. Neither Hamilton nor petitioner's son made any payments on these loans. Hamilton performed miserably and ceased doing business in 1994. Petitioner's son failed to meet his obligations under the Kaplan loan, and by 1994, Kaplan attached approximately $96,000 of the Puro income stream. Discussion Section 166(a)(1) provides, in general, for the deduction of debts that become wholly worthless during a taxable year. Section 166, however, distinguishes between business bad debts and nonbusiness bad debts. See sec. 166(d); sec. 1.166-5(b), Income Tax Regs. Business bad debts may be deducted against ordinary income if they become wholly or partially worthless during the year (in the case of the latter, to the extent charged off during the taxable year as partially worthless debts). See sec. 1.166-3, Income Tax Regs. To qualify for the business bad debt deduction, the taxpayer must establish that the debt was proximately related to the conduct of the taxpayer's trade or business. See United States v. Generes, 405 U.S. 93, 103 (1972); Whipple v. Commissioner, 373 U.S. 193, 201 (1963); sec. 1.166- 5(b), Income Tax Regs. The test for determining whether a particular debt bears a proximate relationship to the taxpayer'sPage: Previous 1 2 3 4 5 6 7 8 9 Next
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