Submitted By: Mary
Answered: September 14, 2015 12:16 pm

I made a loan to my friend who died without repaying me, and there’s nothing in her estate. What do I have to do to claim a nonbusiness bad debt?

You must attach your own statement to your tax return that includes the following information:

  • The transaction was a loan and not a gift (this can be proven by showing a promissory note that included interest and other payment terms).
  • A showing that the debt had value at the end of last year and became wholly worthless this year. For example, a statement from the debtor’s executor regarding the lack of assets in the estate would be helpful here.
  • Proof that you tried to collect on the debt (e.g., you submitted a request for payment from the executor but decided not to sue when you learned there were no assets in the estate).
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Tax Glossary

Revenue ruling

A revenue ruling is the Commissioner’s “official interpretation of the interpretation of the law” and generally is binding on revenue agents and other IRS officials. Taxpayers generally may rely on published revenue rulings in determining the tax treatment of their own transactions that arise out of similar facts and circumstances.

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