- 14 - prepared. We disagree. AIM was licensed to bid on larger contracts because it did not disclose the alleged loan from petitioner to AIM in the financial statements AIM submitted to the Mississippi and Alabama licensing boards. Petitioner represented to Citizens National Bank that AIM had not paid anything to own the Whittington property. Petitioner’s representation enhanced AIM’s ability to borrow funds from Citizens National Bank. We do not ignore the balance sheets and statements that conflict with the note. We conclude that petitioner and AIM did not create a bona fide debt. Thus, AIM’s payments to petitioner of $16,599 in 1994, $21,460 in 1995, and $9,640 in 1996 are constructive dividends to petitioner and not deductible by AIM as interest. B. Whether AIM May Deduct as a Bad Debt $14,900 It Paid to Scott 1. Whether the $14,900 That AIM Paid to Scott Was a Loan AIM deducted as a bad debt in 1996 the $14,900 it paid to Scott. Respondent points out that there was no promissory note or provision for repayment and contends that the $14,900 was not a loan. We disagree. A taxpayer may deduct a debt that becomes worthless in the taxable year. Sec. 166(a)(1); sec. 1.166-1(c), Income Tax Regs. Petitioner credibly testified that the $14,900 AIM paid to Scott was a loan. The notations on the checks and some of the entriesPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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