- 8 - losses described in the police reports. There is no evidence in this record which shows a theft loss was sustained during 1999. Section 166(a)(1) authorizes a deduction for a business bad debt that becomes worthless during the year. To be entitled to the deduction, petitioners must prove (1) that a bona fide debt was created obligating the debtor to pay a fixed or determinable sum of money, (2) that the debt was created or acquired in proximate relation to a trade or business, and (3) that the debt became worthless in the year claimed. United States v. Generes, 405 U.S. 93, 96 (1972); Calumet Indus., Inc. v. Commissioner, 95 T.C. 257, 284 (1990). A debt is bona fide if it arose “from a debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money.” Sec. 1.166-1(c), Income Tax Regs. The debts petitioners claimed are for unpaid fees for petitioner’s services. Petitioners used the cash method for reporting income and deductions; therefore, fees for services that remain unpaid have not been included in income. Such debts do not constitute “bad debts” within the meaning of section 166 for which a deduction for worthlessness may be claimed. See Gertz v. Commissioner, 64 T.C. 598, 600 (1975). With respect to any of the claimed “bad debts” that are not attributable to unpaid claims for services, petitioners have not shown that there were debt obligations or that they becamePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011