- 2 - for 1992, 1994, and 1995, respectively.1 The parties filed a joint motion to sever the issue relating to Bille J. Scallen’s joint and several liability, which we granted. After concessions,2 the only issue for decision is whether certain debts formerly owing to petitioner were business bad debts for purposes of section 166(a).3 FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. At the time of filing the petition, petitioners resided in Minneapolis, Minnesota. 1Petitioner Bille J. Scallen is a party to this case by reason of the fact she filed joint Federal income tax returns with Thomas K. Scallen for tax years 1992, 1994, and 1995. References to petitioner are to Thomas K. Scallen. 2Petitioners concede that a certain Magazine Publishing Company, Inc., debt is an S-corporation item and not a trade or business bad debt; petitioners concede that a certain Stephen Scallen debt is a nonbusiness bad debt; petitioners concede certain Schedule E income adjustments of $8,638 and $42,151 for 1994 and 1995, respectively; and the parties agree that if the Court sustains respondent’s determinations, then the correct amount of petitioner’s allowable itemized deduction for interest expense is $226,203 instead of $245,043 as determined in the notice of deficiency. Respondent concedes the issue relating to his determination of unreported investment interest income of $25,000, $262,000, and $2,000 in 1990, 1991, and 1992, respectively. 3Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the tax years at issue. All Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011