Margie E. Robertson - Page 3

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                                       OPINION                                        
               At the outset, we note that petitioner failed to cooperate             
          with respondent and as a result, has the burden of proof.  Sec.             
          7491(a)(2)(B); Rule 142(a).1  Petitioner contends that she is               
          entitled to a section 166 bad debt deduction relating to the                
          note.  She also contends that in 1998, the first lien holder                
          attempted to foreclose on the property, and that she attempted to           
          collect on the note in that year.  The note is a bona fide debt             
          and became due in 1998 when Ms. Moore died.  Petitioner, however,           
          claimed a deduction for the unpaid debt on her 1999 tax return.             
          Even though the note was due in 1998, petitioner failed to                  
          establish when the debt became worthless.  Aston v. Commissioner,           
          109 T.C. 400 (1997); sec. 1.166-5(a)(2), Income Tax Regs.                   
          Accordingly, she is not entitled to a deduction.                            
               Petitioner contends that the 10-percent additional tax,                
          pursuant to section 72(t)(1), is inapplicable, because she                  
          qualifies for the disability exception pursuant to section                  
          72(t)(2).  She, however, failed to establish that she was “unable           
          to engage in any substantial gainful activity by reason of any              
          medically determinable physical or mental impairment”.  Sec.                
          72(m)(7).  Although petitioner had a digestive disorder and was             


               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  





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