Opinion · United States Tax Court
Pollak v. Commissioner
20 T.C. 376
- Type
- Opinion
- Court
- United States Tax Court
- Jurisdiction
- Federal
- Date
- 1953-05-19
- Topic
- general
OPINION. Murdock, Judge: The only question here is whether the petitioners are entitled to a deduction under section 23 (e) (2) for a loss of $96,-410 sustained in a transaction entered into for profit. The Commissioner argues that the only deduction to which they are entitled is for a worthless nonbusiness debt under section 23 (k) (4). Both agree that the two sections are mutually exclusive. Spring City Foundry Co. v.
Citator
UpLaw has not yet analyzed Pollak v. Commissioner. The absence of a flag is not a finding that it is good law.
- Cited by
- 9 opinions
POLLAK v. COMMISSIONER OF INTERNAL REVENUE,20 T.C. 376(1953)
LEO L. POLLAK AND VIRGINIA M. POLLAK, HUSBAND AND WIFE, PETITIONERS, v.
COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.
Docket No. 38483.
United States Tax Court.
Promulgated May 19, 1953.
FINDINGS OF FACT.
The petitioners, husband and wife, filed joint returns for 1949 with the collector of internal revenue for the fifth district of New Jersey.Page 377
The petitioners each purchased 200 shares of stock of Pollak Engineering and Manufacturing Corporation for $20,000 at its inception in January 1947. Leo was an officer and employee of the corporation.
Leo and another stockholder joined on January 12, 1949, in a guarantee to a bank of loans by the bank to the corporation up to $200,000. They had endorsed notes of the corporation to the bank, for $200,000 during the period from October 4, 1948, to December 13, 1948, Leo believing that the corporation would prosper and he would not lose as a result of the endorsements.
The corporation, on April 6, 1949, filed a petition for reorganization under the Bankruptcy Act.
Leo paid the bank $100,000 under his guaranty. The first payment was made on March 14, 1949, and the last on June 23, 1949.
The assets of the corporation were sold during the last 6 months of 1949 pursuant to the plan of reorganization under which the general creditors, including Leo, received 3.59 per cent on their claims. The corporation was indebted to Leo, at the date of the consummation of the plan, in the total amount of $141,928.33 and Leo received, on or about December 15, 1949, $5,095.24, representing 3.59 per cent of the total amount due him as a general creditor.
The affairs of the corporation became progressively worse after it began to be apparent late in 1948 and early in 1949 that it would not be able to perfect an electrical cigarette vending machine on which it was working and spending large amounts for tools, parts, raw materials, and other items. Leo knew, when he made the payments to the bank under his guaranty, that he would eventually recover only a small part of the amount which the corporation would owe him.
The petitioners, on their joint return for 1949, claimed under "Miscellaneous" a deduction of $94,904.76 for "Payment as Guarantor on Note." The Commissioner, in determining the deficiency for 1949, disallowed the entire deduction claimed in the return under "Miscellaneous."
All facts stipulated are incorporated herein by this reference.
OPINION.
A deduction for any bad debt was just as beneficial tax-wise as a deduction for loss prior to 1942 when Congress first provided that nonbusiness bad debts were to be considered a short-term capital loss. Thus, the present question might not have been in the mind of the Court in a case involving earlier years. The petitioners cite no case which considers the present question and decides it in their favor.
There was a debt due Leo from the corporation and he suffered because the corporation was unable to pay what it owed him. Section 23 (k) (4) applies. Cf.Kate Baker Sherman,18 T.C. 746.Decision will be entered for the respondent.
- This case differs fromAgnes I. Fox,14 T.C. 1160, reversed190 F.2d 101, in which there was no debtor in existence at the time the alleged debt arose. ↩