Vernon Miller - Page 10




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            find that petitioner has failed to establish that, when he made                            
            the Miller loan in 1986, he was in the trade or business of                                
            either investing generally or making loans specifically.11  See,                           
            e.g., Rollins v. Commissioner, 32 T.C. 604, 612-615 (1959), affd.                          
            276 F.2d 368 (4th Cir. 1960).  We further find on the instant                              
            record that petitioner has failed to establish that the Miller                             
            loan constitutes a business debt for purposes of section 166.                              
            Accordingly, on the record before us, we hold that petitioner is                           
            not entitled to a business bad debt deduction under section                                
            166(a) with respect to that loan.                                                          
                  We consider now whether petitioner is entitled to nonbusi-                           
            ness bad debt treatment under section 166(d) with respect to the                           
            Miller loan.  To resolve that question, we shall determine                                 
            whether the $2,641 of unrecovered principal of the Miller loan                             
            became worthless during 1993.12  That determination also requires                          
            a factual inquiry.  See Aston v. Commissioner, 109 T.C. 400, 415                           
            (1997).                                                                                    
                  Generally, a loan is considered worthless during the taxable                         


                  11We further find on the record in this case that petitioner                         
            has failed to show that during 1993, the year in which petitioner                          
            claims the Miller loan became worthless, he was in the trade or                            
            business of either investing generally or making loans specifi-                            
            cally.                                                                                     
                  12We note that a loss on a nonbusiness debt is to be treated                         
            as sustained only if and when the debt has become totally worth-                           
            less, and no deduction is to be allowed for a nonbusiness debt                             
            which is recoverable in part during the taxable year.  See sec.                            
            1.166-5(a)(2), Income Tax Regs.                                                            




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