- 8 - Roderick are of doubtful accuracy. To the extent such payments were made, petitioner did not keep a written log of Roderick’s hours or duties, nor did he explain how he determined Roderick’s compensation. As a result, it is not clear whether the payments represent reasonable compensation for the services, if any, that Roderick performed. Roderick’s failure to report the $5,460 casts further doubt on the deductibility of the payments, as does petitioner’s failure to timely file information returns. See Haeder v. Commissioner, supra; Martens v. Commissioner, supra. Accordingly, petitioners have failed to meet their burden of proof, and respondent’s determination is sustained to the extent of $24,510.89. C. Bad Debt Expense In general, section 166(a)(1) allows as a deduction any debt which becomes worthless within the taxable year. Business debts may be deducted against ordinary income to the extent that such debts become wholly or partially worthless during the year. Nonbusiness debts also may be deducted, but only in the same manner as short-term capital losses, and only if the debts are wholly worthless in the year claimed. Sec. 166(d); sec. 1.166-5(a)(2), Income Tax Regs. Section 166(d)(2) provides generally that a “nonbusiness debt” means a debt other than a debt created or acquired in connection with a trade or businessPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011