Maria D. Lerma - Page 5

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               In this case, petitioner testified that she intended that              
          the debt be repaid.  Petitioner did not call Machuca as a witness           
          and did not present any reliable evidence of Machuca's financial            
          position in 1987.  On the minimal evidence presented, and in view           
          of the personal relationship between petitioner and Machuca, we             
          cannot conclude that there is a bona fide, enforceable obligation           
          to repay.  See Caligiuri v. Commissioner, 549 F.2d 1155, 1157               
          (8th Cir. 1977), affg. T.C. Memo. 1975-319; Perry v.                        
          Commissioner, 92 T.C. 470, 481 (1989), affd. without published              
          opinion 912 F.2d 1466 (5th Cir. 1990).  As a result of                      
          petitioner's failure to prove the existence of a bona fide debt,            
          we need not consider whether the "loans" became worthless in                
          1987.  Petitioner is not entitled to any deductions with respect            
          to the advances she made to Machuca; therefore, respondent's                
          determination is sustained on this issue.                                   
          Section 6651(a)(1) Addition to Tax                                          
               Section 6651(a)(1) provides for an addition to tax in the              
          case of the failure to file a timely return unless it is shown              
          that such failure is due to reasonable cause and not due to                 
          willful neglect.  Petitioner bears the burden of proving that               
          respondent's determination on this issue is erroneous.  Rule                
          142(a); Lee v. Commissioner, 227 F.2d 181, 184 (5th Cir. 1955),             
          affg. a Memorandum Opinion of this Court dated July 31, 1953.  At           
          trial, petitioner testified that she did not timely file her 1987           
          Federal income tax return because she lacked the money to pay the           




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