- 3 - Shop, and, on their 1993 tax return, deducted these loans as a “business loan loss”. In 1994, petitioners paid $10,745 to various creditors of the Stork Shop for ordinary and necessary business expenses that it had incurred. On their 1994 tax return, petitioners deducted the $10,745 as business expenses relating to the Stork Shop. OPINION I. Bad Debt Deduction Section 166 allows a deduction for any debt that becomes worthless during the taxable year and distinguishes between business and nonbusiness debts. A business bad debt must be related to the taxpayer’s trade or business. See sec. 166(d)(2). Respondent concedes that petitioners’ loans to the Stork Shop became worthless in 1993, but we must determine whether those loans related to petitioners’ trade or business. Although they devoted time and energies to the affairs of the Stork Shop, petitioners earned no income from the corporation. Cf. Whipple v. Commissioner, 373 U.S. 193, 203 (1963) (stating that someone in a trade or business gets “income received directly for his own services rather than indirectly through the corporate enterprise”). Petitioners’ efforts were consistent with those of shareholders or of a dutiful son and daughter-in-law. See Garner v. Commissioner, 987 F.2d 267, 271 (5th Cir. 1993) (upholding conclusion that shareholder-employee’s motive was to protect hisPage: Previous 1 2 3 4 5 Next
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