- 3 - 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.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011