- 29 - 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 relationshipPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011