Cathy M. and Randy L. Crosson - Page 8

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          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 became                  






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