Discussion:Non-Business Bad Debt

From TaxAlmanac, A Free Online Resource for Tax Professionals
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.

From TaxAlmanac

(Difference between revisions)
Jump to: navigation, search
Revision as of 06:38, 18 March 2008
Michaelstar (Talk | contribs)
(Was this debt li)
← Previous diff
Revision as of 08:15, 18 March 2008
Skhyatt (Talk | contribs)
(No it wasn't lis)
Next diff →
Line 5: Line 5:
{{ForumReplyPost|UserID=Michaelstar|Date=18 March 2008|Text=Was this debt listed in the business bankruptcy? In order to be able to deduct this as a non-business bad debt (unless client is in the business of making loans this is non-business) there needed to be a legitimte loan. If it was listed in the bankruptcy that provides credence that this was a true loan and not a gift. Also, did your client ever receive and/or report interest income from payments made on the loan? }} {{ForumReplyPost|UserID=Michaelstar|Date=18 March 2008|Text=Was this debt listed in the business bankruptcy? In order to be able to deduct this as a non-business bad debt (unless client is in the business of making loans this is non-business) there needed to be a legitimte loan. If it was listed in the bankruptcy that provides credence that this was a true loan and not a gift. Also, did your client ever receive and/or report interest income from payments made on the loan? }}
 +
 +{{ForumReplyPost|UserID=Skhyatt|Date=18 March 2008|Text=No it wasn't listed in the bankruptcy. She did mention that to me. There was a promissory note that they had drawn up by an attorney calling for annual interest payments to be made @ 7%. No payments were ever made. The note became fully due and payable on 12/31/06.}}

Revision as of 08:15, 18 March 2008

Discussion Forum Index --> Advanced Tax Questions --> Non-Business Bad Debt
Discussion Forum Index --> Tax Questions --> Non-Business Bad Debt

Skhyatt (talk|edits) said:

18 March 2008
I have a client who loaned her Son approx 60K for his business back in 2002. His business went bankrupt and she is asking me if she can write this off. As I read Section 166, I cannot see a reason why she can't. Am I possibly missing/forgetting something here?

Michaelstar (talk|edits) said:

18 March 2008
Was this debt listed in the business bankruptcy? In order to be able to deduct this as a non-business bad debt (unless client is in the business of making loans this is non-business) there needed to be a legitimte loan. If it was listed in the bankruptcy that provides credence that this was a true loan and not a gift. Also, did your client ever receive and/or report interest income from payments made on the loan?

Skhyatt (talk|edits) said:

18 March 2008
No it wasn't listed in the bankruptcy. She did mention that to me. There was a promissory note that they had drawn up by an attorney calling for annual interest payments to be made @ 7%. No payments were ever made. The note became fully due and payable on 12/31/06.