Brian J. O'Sullivan Leslie O'Sullivan v. Commissioner Internal Revenue Service

95 F.3d 1158 78 A.F.T.R.2d 96 -6196, 96-2 USTC P 50,496 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian J. O'SULLIVAN; Leslie O'Sullivan, Petitioners-Appellants, v. COMMISSIONER INTERNAL REVENUE SERVICE, Respondent-Appellee. No. 95-70119. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 8, 1996. Decided Aug. 13, 1996. Before: REINHARDT, HALL and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 The O'Sullivans appeal from a decision of the United States Tax Court that certain of their debts failed to qualify as bad business debts under 26 U.S.C. § 166 for the calendar year 1984. We affirm. 3 * The O'Sullivans argue that the Tax Court erred in characterizing Brian O'Sullivan's financial losses as ordinary short-term capital losses. They contend that Brian O'Sullivan's motivation in giving his personal guaranty to Coram's loans was principally to protect his salary as an employee of Coram. This argument fails. The taxpayer's motivation is a question…