Kenneth B. and Linda R. Satlin - Page 13

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          other circumstances that would persuade us to characterize the              
          advance as a business bad debt.  Thus, petitioner’s claimed bad             
          debt deduction would be characterized as a nonbusiness bad debt             
          deduction.  To the extent that the advance of funds was a loan to           
          ITG, for the same reasons discussed above as to section 165 it              
          would appear that the debt became worthless when the corporation            
          became defunct.  Thus, petitioners would not be entitled to a bad           
          debt deduction in 1997.                                                     
               To the extent that the advance may have been a loan to Mr.             
          Jasbon, petitioner has failed to present sufficient evidence to             
          establish that he is entitled to a deduction for a nonbusiness              
          bad debt.  There is nothing in this record that establishes that            
          the debt became worthless in 1997.  In order to be entitled to a            
          bad debt deduction, petitioner must prove that the debt had value           
          at the beginning of 1997 and became worthless during that year.             
          See Milenbach v. Commissioner, 106 T.C. 184, 204 (1996), affd. in           
          part and revd. in part 318 F.3d 924 (9th Cir. 2003).                        
               In conclusion, there is no scenario that would permit                  
          petitioners to claim a loss or a bad debt deduction in 1997.                
          III.  Bad Debt Deduction as Secured Creditor                                
               Section 166(a) generally allows a deduction for any bona               
          fide debt that becomes worthless during the taxable year.  To               
          establish entitlement to a bad debt deduction, a taxpayer must              
          prove that a bona fide debt existed and that the debt became                






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