Douglas Bynum, Jr. and Shirley A. Bynum - Page 3




                                        - 3 -                                         
               Pursuant to extensions of time to file, petitioners’ 2000              
          joint tax return was due October 15, 2001.  Petitioners filed               
          their joint tax return relating to 2000 on April 15, 2004, and              
          their joint tax return relating to 2001 on April 30, 2004.                  
          Respondent disallowed petitioners’ business bad debt deductions             
          and determined additions to tax pursuant to section 6651(a)(1)              
          relating to 2000 and 2001.                                                  
               Petitioners filed their petition with the Court on June 23,            
          2006, while residing in Montgomery, Texas.                                  
                                       OPINION                                        
               We must determine whether the expenses Mr. Bynum paid on               
          behalf of SEI are deductible business bad debts.  A taxpayer is             
          entitled to deduct bona fide debts that become worthless within             
          the taxable year.  Sec. 166(a)(1).  Bona fide debts must arise              
          from debtor-creditor relationships based upon valid and                     
          enforceable obligations to pay fixed or determinable amounts of             
          money.  Sec. 1.166-1(c), Income Tax Regs.  A contribution to                
          capital does not qualify as bona fide debt for purposes of                  
          section 166.  Calumet Indus., Inc. v. Commissioner, 95 T.C. 257,            
          284 (1990).  The ultimate question is “‘whether the investment,             
          analyzed in terms of its economic reality, constitutes risk                 
          capital entirely subject to the fortunes of the corporate venture           
          or represents a strict debtor-creditor relationship’”.  See                 








Page:  Previous  1  2  3  4  5  6  Next 

Last modified: March 27, 2008