- 30 - Bad Debt Deductions-–Weinstein and Attieh Bros. Petitioner claimed bad debt deductions for the amounts lent to Ms. Weinstein and Attieh Bros. In the notice of deficiency, respondent disallowed both deductions. Petitioner has the burden of proof. Rule 142(a).18 We sustain respondent’s determination on the ground that petitioner has not carried his burden of proving that the debts became worthless during the year in issue. The initial step in establishing entitlement to a bad debt deduction is proof of a bona fide debtor-creditor relationship that obligates the debtor to pay a fixed or determinable amount. Calumet Indus., Inc. v. Commissioner, 95 T.C. 257, 284 (1990); sec. 1.166-1(c), Income Tax Regs. A gift or contribution to capital is not a debt. Calumet Indus., Inc. v. Commissioner, supra; sec. 1.166-1(c), Income Tax Regs. We find that the loans at issue were genuine debts. In both cases, loan agreements providing for interest payments evidenced the existence of the debts. See Lerma v. Commissioner, T.C. Memo. 1995-586; sec. 1.166-1(c), Income Tax Regs. Moreover, Ms. Weinstein’s business and Attieh Bros. were going concerns at the time the loans were made. See Lerma v. Commissioner, supra. Finally, the communications between both Ms. Weinstein and the Attiehs and 18 Sec. 7491 does not apply to this case because the examination commenced prior to July 22, 1998, the effective date of that section. See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c)(1), 112 Stat. 726.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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