- 9 - of which $169,331 represented a carryover of the 1993 net operating loss. In the notice of deficiency for taxable year 1993, respondent disallowed petitioners’ claimed bad debt deduction “because it has not been established that any amount of bad debts existed in fact and in law.” Similarly, for taxable year 1995, respondent disallowed the $169,331 claimed net operating loss carryover “because it has been determined that a net operating loss did not exist in the year that caused the carryforward.” OPINION A. The Parties’ Contentions Petitioners argue that the advances to Gandy’s were loans that petitioner made in the course of his lending business, that the loans became worthless in 1993, and that they are properly deductible either under section 166 as business bad debts or under section 165 as ordinary losses incurred in a trade or business. Respondent agrees that petitioner was in the business of lending money but argues that the advances in issue represent contributions to Gandy’s capital rather than debt. At trial and on brief, respondent concedes that petitioners are entitled to deduct the losses under section 165 but only as long-term capital losses, pursuant to section 165(f).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011