- 16 - of a noncorporate taxpayer resulting from the worthlessness of a nonbusiness debt is treated as a short-term capital loss. Sec. 166(d)(1). Under certain circumstances, a taxpayer’s payment in discharge of an agreement to act as guarantor, endorser, indemnitor or other secondary obligor (hereinafter generally referred to as guarantor) may be either (1) deducted as a worthless business debt pursuant to section 166(a) or (2) deducted as a worthless nonbusiness debt pursuant to section 166(d) (subject to treatment as a short-term capital loss).14 13(...continued) (A) subsection (a) shall not apply to any nonbusiness debt; and (B) where any nonbusiness debt becomes worthless within the taxable year, the loss resulting therefrom shall be considered a loss from the sale or exchange, during the taxable year, of a capital asset held for not more than 1 year. (2) Nonbusiness Debt Defined.--For purposes of paragraph (1), the term “nonbusiness debt” means a debt other than-- (A) a debt created or acquired (as the case may be) in connection with a trade or business of the taxpayer; or (B) a debt the loss from the worthlessness of which is incurred in the taxpayer’s trade or business. * * * 14� 1.166-9. Losses of guarantors, endorsers, and indemnitors incurred, on agreements made after December 31, 1975, in taxable years beginning after such date.-- (continued...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011