Andrew E. Blanche, Jr., and Cynthia D. Blanche - Page 29




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          Earnest money payments made on 7/1/90 and l/1/91           $4,000           
          The $250 portion of the lease payments each month                           
          that were to be applied to the purchase price              4,750            
          Plumbing repairs made during contract period                  969           
          Total                                                     $9,719            


          On brief, petitioners increased the amount claimed to $9,819 to             
          include the $100 amount paid when the earnest money contract was            
          entered into.  Although the amount claimed on their 1991 return             
          was based on a loss from the sale or exchange of a capital asset,           
          petitioners on brief contend that the $9,819 was a nonbusiness              
          bad debt under section 166 instead of a loss from the sale or               
          exchange of a capital asset.                                                
               In general, section 166(a) allows a deduction for any debt             
          that becomes worthless during the taxable year.  However, section           
          166 distinguishes between business bad debts and nonbusiness bad            
          debts.  See sec. 166(d); sec. 1.166-5(b), Income Tax Regs.                  
          Business bad debts may be deducted against ordinary income to the           
          extent that such debts become wholly or partially worthless                 
          during the year.  In contrast, nonbusiness bad debts may be                 
          deducted, but only as short-term capital losses, and only if the            
          debts are wholly worthless in the year claimed.  Petitioners                
          acknowledge that the claimed debt would be characterized as a               
          nonbusiness bad debt.                                                       
               A deduction for a bad debt is limited to a bona fide debt.             
          See sec. 1.166-1(c), Income Tax Regs.  A bona fide debt is                  
          defined as one that arises from a debtor-creditor relationship              





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