Theodore L. Sizelove, Sr. and Elaine J. Sizelove - Page 7




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               Only a bona fide debt qualifies for the bad debt deduction.            
          Sec. 1.166-1(c), Income Tax Regs.  A bona fide debt is one that             
          arises from a debtor-creditor relationship based upon a valid,              
          enforceable obligation to pay a fixed or determinable sum of                
          money.  Id.; see also Estate of Van Anda v. Commissioner, 12 T.C.           
          1158, 1162 (1949), affd. 192 F.2d 391 (2d Cir. 1951).  Factors              
          indicative of a bona fide debt include whether:  (1) Evidence of            
          indebtedness exists; i.e., a note; (2) any security is requested;           
          (3) there has been a demand for repayment; (4) the parties’                 
          records reflect the transaction as a loan; (5) any payments have            
          been made; and (6) any interest was charged.                                
               A gift is not considered a debt for purposes of section 166.           
          Sec. 1.166-1(c), Income Tax Regs.; see also Calumet Indus., Inc.            
          v. Commissioner, 95 T.C. 257, 285 (1990).  Purported “loans”                
          between family members are subject to rigid scrutiny and are                
          presumed to be gifts.  Estate of Van Anda v. Commissioner, supra            
          at 1162.  The presumption may be rebutted by proving that at the            
          time of the transaction there existed a real expectation of                 
          repayment and an intent to enforce collection of the “debt”.  See           
          id. (and cases cited thereat).                                              
               In a letter attached to petitioners’ joint return, Mr.                 
          Sizelove stated that he lent $10,000 to help his son and his new            
          wife, he did not expect to recover this $10,000 “Gift” nor the              








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