James P. Shea and Patricia H. Shea - Page 23




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               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 debt                  






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