Henry A. Julicher - Page 30




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          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.                                                                        





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