- 11 - 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 enforceablePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011