- 11 - that an equity investment is subject to the risks, but entitled to share in the profits of the venture), affg. 30 T.C. 519 (1958). Accordingly, we conclude that $120,678 (i.e., the total 1991 deduction of $445,104 less the $199,426 in guaranty payments made by petitioners and the $125,000 lent pursuant to the note) was a contribution to capital and that petitioners are not entitled to a section 166 deduction. We further conclude that the $125,000 note was a bona fide loan. The loan evidenced by the note was legally enforceable. It was made with a profit motive, before the obligation became worthless, and not in the course of petitioners’ trade or business. The debt became worthless upon Majestic Jewelers’ default in 1991. Thus, the loss relating to the loan is deductible in 1991 as a nonbusiness bad debt. III. Loss Deduction Section 165(a) allows a deduction for certain losses sustained during the taxable year that are not compensated by insurance or otherwise. Petitioners’ capital interest in JTFJ became worthless in 1989, when JTFJ’s assets were transferred to Majestic Jewelers for less than the amount of outstanding debt. Although petitioners were entitled to a capital loss deduction in that year, and a carryover, pursuant to sections 1211 and 1212, to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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