- 16 - v. Commissioner, 77 T.C. 582, 598 (1981); Andrew v. Commissioner, 54 T.C. 239, 248 (1970); sec. 1.166-2(a), Income Tax Regs. Petitioners argue that the loans became worthless in 1992 when the auction was destroyed by fire. Petitioner argues that the auction was his father’s sole source of income, the destruction of which resulted in an inability to repay the advances. It is not entirely clear from the record who owned the auction at the time of the fire. It appears from the record, however, that the auction was owned entirely by petitioner’s father and/or stepmother. Although legal action by petitioner against his father is not required to show his father’s inability to repay the advances, in the absence of such action, petitioner must still show that legal action would not have resulted in the satisfaction of the debt. See sec. 1.166-2(b), Income Tax Regs. Petitioner’s father owns the land upon which FAP is located. Schedule D, Capital Gains and Losses, of John and Willene Flood’s 1992 income tax return shows the sale of a building for a gain of $30,000, 2 weeks before the auction fire. Additionally, Schedule E, Supplemental Income and Loss, of the 1992 income tax return shows that the couple owned rental property at the time of the fire. Accordingly, petitioners have failed to show that the advances were loans. Even if petitioners had shown that the advances were debt within the meaning of section 166, petitionersPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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