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Private permitted crappy debt deduction having losses to the loans to help you organization

Private permitted crappy debt deduction having losses to the loans to help you organization

When you look at the Owens, T.C. Memo. 2017 – 157 , the brand new Tax Court held that a single was permitted a good crappy loans deduction having loans the guy designed to a business you to next went broke given that (1) anyone are mixed up in company off financing money during the years concerned; (2) brand new finance had been bona fidedebt (even after occasionally getting designed to hold the battling business afloat); and you payday loans Carleton may (3) your debt turned meaningless in the year stated, whilst debtor did not seek bankruptcy relief until the adopting the seasons.

Issues

Owens’s lending organization: William Owens try almost all shareholder off Owens Financial Group Inc. (OFG), a professional lending company started by their father, and had served once the OFG’s chairman for twenty years. OFG gets a lot of its team of the guidelines, and it and you can Owens appreciated a good reputation in the business. Based on Owens’s estimates, during their go out at the OFG, the business generated on $2.5 mil for the fund (from the $225 billion of which they was required to foreclose on the).

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