Dale H. and Edith Littlefield Sundby - Page 7

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          petitioners must prove (1) a bona fide debt existed between them            
          and Search2000, and (2) the debt became worthless in 1997, the              
          year in which they claimed the deduction. See also Dixie Dairies            
          v. Commissioner, 74 T.C. 476, 493-494 (1980); Kim v.                        
          Commissioner, T.C. Memo. 1995-598; Hotel Continental, Inc. v.               


               5(...continued)                                                        
                    part charged off within the taxable year, as a                    
                    deduction.                                                        
                    (b)  Amount of Deduction.-–For purposes of subsection             
               (a), the basis for determining the amount of the deduction             
               for any bad debt shall be the adjusted basis provided in               
               section 1011 for determining the loss from the sale or other           
               disposition of property.                                               
                    (d)  Nonbusiness Debts.--                                         
                         (1)  General rule.-–In the case of a taxpayer                
                    other than a corporation–-                                        
                              (A)  subsection (a) shall not apply to any              
                         nonbusiness debt; and                                        
                              (B)  where any nonbusiness debt becomes                 
                         worthless within the taxable year, the loss                  
                         resulting therefrom shall be considered a loss               
                         from the sale or exchange, during the taxable                
                         year, of a capital asset held for not more than 1            
                         year.                                                        
                         (2)  Nonbusiness debt defined.-–For purposes of              
                    paragraph (1), the term “nonbusiness debt” means a debt           
                    other than–                                                       
                                                                                     
                              (A)  a debt created or acquired (as the case            
                         may be) in connection with a trade or business of            
                         the taxpayer; or                                             
                              (B)  a debt the loss from the worthlessness             
                         of which is incurred in the taxpayer’s trade or              
                         business.                                                    





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