- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011