J. Michael Shedd and Marita Shedd - Page 7




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               In order to show entitlement to an ordinary loss under                 
          section 166, petitioners must establish that (1) a bona fide debt           
          existed between J&J and TLC which obligated TLC to pay J&J a                
          fixed or determinable sum of money, (2) the debt was created or             
          acquired in connection with a trade or business of J&J, and (3)             
          the debt became worthless when claimed.  See United States v.               
          Generes, 405 U.S. 93 (1972); Calumet Indus., Inc. v.                        
          Commissioner, 95 T.C. 257, 285 (1990); Beaver v. Commissioner, 55           
          T.C. 85, 91 (1970); Black v. Commissioner, 52 T.C. 147, 151                 
          (1969).  A gift or contribution to capital is not debt within the           
          meaning of section 166.  See Calumet Indus., Inc. v.                        
          Commissioner, supra at 284; Kean v. Commissioner, 91 T.C. 575,              
          594 (1988).                                                                 
               Accordingly, petitioners must show that there was "a genuine           
          intention to create a debt, with a reasonable expectation of                
          repayment" and that the intention was consistent with the                   
          "economic reality of creating a debtor-creditor relationship".              
          Litton Bus. Sys., Inc. v. Commissioner, 61 T.C. 367, 377 (1973).            
          Whether the requisite intention to create a true debtor-creditor            
          relationship existed is a question of fact to be determined from            
          a review of all the evidence.  See id.  Factors that have been              
          considered in the analysis of this issue include (1) the names              
          given to the certificates evidencing the indebtedness, (2) the              
          presence or absence of a fixed maturity date, (3) the source of             






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