- 18 - worthless. Sec. 1.166-9(d), Income Tax Regs. Furthermore, such a payment may be treated as a worthless debt only if the taxpayer demonstrates that reasonable consideration was received in return for the assumption of the secondary liability. We understand petitioners’ contention to be that petitioner’s payment of the underlying liability to Union Bank in discharge of petitioner’s obligation as a guarantor may be treated as a worthless debt and that petitioners may deduct the payment pursuant to section 166(a) or (d). However, petitioners have made no contentions and offered no evidence that petitioner entered into an agreement to act as a guarantor in exchange for reasonable consideration, that petitioner entered into such an agreement in the course of his trade or business or a transaction for profit, that petitioner had an enforceable legal duty to make the payment, or that petitioner entered into such an agreement before the obligation became worthless. Accordingly, we conclude that petitioners have failed to demonstrate that petitioner’s payment of the underlying liability to Union Bank constitutes a worthless debt for purposes of section 166. Consequently, we hold that petitioners are not entitled to deduct the payments as either a worthless business debt pursuant to section 166(a) or as a worthless nonbusiness debt pursuant to section 166(d).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011