David E. and Rebecca Newman - Page 10




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            receivable than an expense.  Accordingly, petitioner is not                                
            entitled to a deduction for these amounts under section 162(a).                            
                  With respect to the business bad debt claim, section 166(a)                          
            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.”  Furthermore, taxpayers must exhaust the usual and                                 
            reasonable means of collection before they are entitled to a                               
            deduction.  See C.S. Webb, Inc. v. Commissioner, 1 B.T.A. 269                              
            (1925).  When efforts to collect become futile, the deduction is                           
            allowed.  See  Alexander v. Commissioner, 26 T.C. 856 (1956).                              
                  Petitioners’ evidence concerning their entitlement to a                              
            business bad debt deduction consisted of petitioner’s testimony                            
            that (1) Lee owed petitioner “over a million dollars,” and (2)                             
            Lee filed for bankruptcy in “either December of ‘92 or January of                          
            ‘93.”  Aside from these two statements, petitioners presented no                           
            evidence to establish their entitlement to a business bad debt                             
            deduction under section 166(a).  Petitioners failed to show that                           
            there was a bona fide debt that became worthless during the years                          
            in issue, or that they attempted to collect any such debt from                             
            Lee.  Accordingly, they are not entitled to a business bad debt                            
            deduction under section 166(a).                                                            






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