Kenneth W. and Fayetta Graves - Page 5

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          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.                                                     









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