- 5 - connection with the computation of adjusted gross income. Respondent, on the other hand, allowed the loss as an itemized deduction in arriving at taxable income. There is also a dispute about whether the loss is $85,009 or $86,040. Finally, we must decide whether petitioners are liable for an addition to tax under section 6651(a)(1) and/or an accuracy-related penalty under section 6662. Treatment of the Bad Debt Section 166 provides that a business bad debt is deductible as an ordinary deduction for the year in which the debt becomes worthless. Specifically, section 166(a)(1) provides: “There shall be allowed as a deduction any debt which becomes worthless within the taxable year.” Section 166(d)(1)(A) further provides that in the case of a taxpayer other than a corporation “subsection (a) shall not apply to any nonbusiness debt”. Section 166(d)(2)(A) and (B) defines a nonbusiness debt as a debt other than: (A) a debt created or acquired * * * 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. Therefore, subsection (a) allows an ordinary loss deduction only for business bad debts.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011