Jean I. Tedford - Page 12

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          claimed loans made to Border and (2) a $180,000 stock loss from a           
          worthless investment in Border.  On Form 1040X, petitioner                  
          requested section 1244 treatment of the stock loss.  Petitioner             
          carried the remaining claimed 1997 business bad debt loss back to           
          1994-96 and forward into the years at issue, 1998-2000.                     
               On December 26, 2002, respondent mailed to petitioner a                
          notice of deficiency for 1998-2000.  Respondent did not challenge           
          the total amount of the transfers of money as claimed on                    
          petitioner’s returns.  Respondent did however, disallow                     
          petitioner’s ordinary loss treatment of the alleged business bad            
          debt and instead allowed petitioner the $218,489 as a capital               
          loss.  Respondent also allowed the $180,000 stock loss for 1997             
          for the capital investments petitioner and Mr. Tedford had made             
          prior to 1994.                                                              
               On March 25, 2003, petitioner filed a petition for                     
          redetermination with the Court.                                             
                                     Discussion                                       
               The issue is whether the monetary transfers that petitioner            
          and her deceased husband made to Border are capital contributions           
          or bona fide debts under section 166.                                       
               Under section 166(a) a taxpayer may deduct bona fide debts             
          owed to her that become worthless within the taxable year.  Bona            
          fide debts are debts which arise from debtor-creditor                       
          relationships that are based upon valid and enforceable                     





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