- 19 - The structure of the transactions ensured that there was no source of funds for Properties. Respondent’s hypothesizing over what could or should have been done ignores the realities of the business and is unreasonable. Respondent’s determination that the Properties loan was not worthless in 1995 therefore was arbitrary, unreasonable, and an abuse of discretion. We find that the Properties loan was partially worthless in 1995. Bad Debt Deduction Where Creditor’s Actions Contribute to Worthlessness We next consider whether petitioner may deduct the Properties loan as partially worthless although the legitimate business decisions of petitioner’s predecessor, Bottlers, contributed to the worthlessness of the Properties loan. Respondent argues that Bottlers failed to pay the full amount of rent, which, in turn, caused Properties to be unable to repay the loan. Respondent argues that petitioner is therefore not entitled to the deduction. We disagree. Petitioner’s legitimate business decisions contributing to the worthlessness of the Properties loan do not preclude the bad debt deduction. It is well settled that certain actions of a creditor do preclude bad debt deductions. For example, a taxpayer may not voluntarily release a solvent debtor and then claim a deduction for a worthless debt. Roth Steel Tube Co. v. Commissioner, 620 F.2d 1176 (6th Cir. 1980), affg. 68 T.C. 213 (1977); Am. Felt Co.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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