James K. Wise and Claudia R. Wise - Page 10

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               The only evidence in the record pertaining to this debt is a           
          promissory note in the amount of $20,000.  Texas Commerce Bank is           
          the payee, and John Heger and petitioner signed as makers of the            
          note.  Wise Co. is not listed as maker, nor is it referred to on            
          the note.  Accordingly, the loan transaction appears to be one in           
          which petitioner is the primary obligor.  Furthermore, petitioner           
          has not presented any evidence, other than his uncorroborated               
          testimony, that any payment was made on the note.  Accordingly,             
          we sustain respondent's disallowance.                                       
               Texaroda Deduction--$15,000                                            
               Petitioner asserts that the transfer of funds from Weimar              
          Bank to the National Bank of Commerce satisfied a debt owed by              
          Wood and/or a related entity, Texaroda Oil Co.; that Wood                   
          acknowledged the resulting indebtedness to petitioner; and that             
          the debt was worthless by December 31, 1985.  Respondent argues             
          that the debt is not deductible because there was no bona fide              
          debt; petitioner has not substantiated payment; petitioner has              
          not proven worthlessness in 1985; and the debt was not business             
          related.                                                                    
               To be entitled to a bad debt deduction under section                   
          166(a)(1), a taxpayer must show that the debt became wholly                 
          worthless in the year in which it is claimed.  Millsap v.                   
          Commissioner, 46 T.C. 751 (1966), affd. 387 F.2d 420 (8th Cir.              
          1968).  Worthlessness is a question of fact.  Sec. 1.166-2(a),              






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