Merriman H. Holtz and Helene Tyroll Holtz v. Commissioner of Internal Revenue

BARNES, Circuit Judge.

This is a petition for review of a Tax Court decision sustaining the Commissioner’s determination of deficiencies in income taxes of the petitioners (husband and wife, herein referred to as petitioner) for the years 1949 and 1950. Petitioner, as guarantor of certain corporate obligations, sought to deduct as business bad debts (26 U.S.C. § 23, Internal Revenue Code of 1939 § 23 (k) (1)) certain amounts he was compelled to pay upon default of corporate debt. The Commissioner determined that the losses thus sustained were non-business bad debts and deductible under the…