David G. Lagraff and Cynthia L. Lagraff - Page 5

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               of income for the year for which the deduction as a bad debt           
               is claimed or for a prior taxable year.                                
          Sec. 1.166-1(e), Income Tax Regs.                                           
               The amount of the alleged bad debt in this case represents             
          commissions which petitioner asserts he was owed for services               
          rendered as an independent contractor, but which were never paid            
          to him.  Assuming arguendo that a bona fide debt existed,                   
          petitioners nevertheless are not entitled to a bad debt deduction           
          because the commissions are items of income, sec. 61(a), which              
          were never included in petitioners’ income, sec. 1.166-1(e),                
          Income Tax Regs.  We therefore need not reach respondent’s                  
          alternative argument that there was no bona fide debt with                  
          respect to the unpaid commissions.  Gertz v. Commissioner, supra.           
               At trial, petitioner stated that he did not report the                 
          $15,000 in commissions as income “since I never received it, * *            
          * although I have offered to declare it if necessary * * * if               
          that would fix the problem.”  We note that, if petitioners had              
          reported the $15,000 as income on the Schedule C in 1999 along              
          with the claimed $15,000 deduction, the two items would have                
          offset each other, and the result would have been the same as the           
          result under our opinion in this case.                                      












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