- 23 - For all of these reasons, we conclude that petitioners have failed to satisfy their burden of proving that they sustained a theft loss in 1992 within the meaning of section 165. Do the Amounts Deducted Qualify as Business Bad Debts Under Section 166? As another alternative argument, petitioners contend that they are entitled to a business bad debt deduction under section 166. Section 166 permits a deduction for any debt that becomes worthless within the taxable year. Nonbusiness bad debts are treated as losses resulting from the sale or exchange of a short- term capital asset. See secs. 166(d)(1), 1211(b), 1212(b). Business bad debts are deductible as ordinary losses to the extent of the taxpayer’s adjusted basis in the debt. See sec. 166(b). Petitioners base their claim to a business bad debt deduction on the promissory note allegedly executed in favor of James by Michael Donnelly and Brian Wilcox in the face amount of $611,750. The promissory note bore no interest and was payable on demand on or after February 20, 1992. It is not clear whether petitioners are contending that this promissory note supports a business bad debt deduction for both James and Christopher, nor is it clear what amount petitioners are claiming. Whatever petitioners’ contentions are concerning this issue, petitioners must first establish that (1) a bona fide debtPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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