Mehdi H. Hajiyani - Page 19




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          excess of the part charged off within the taxable year".  See               
          sec. 1.166-3(a)(2)(iii), Income Tax Regs.  Courts have recognized           
          the Commissioner's discretion and will not disturb his                      
          determination unless it is plainly arbitrary and unreasonable.              
          Sika Chem. Corp. v. Commissioner, 64 T.C. 856, 862-863 (1975),              
          affd. without published opinion 538 F.2d 320 (3d Cir. 1976);                
          Bullock v. Commissioner, 26 T.C. 276, 299 (1956), affd. per                 
          curiam 253 F.2d 715 (2d Cir. 1958); Findley v. Commissioner, 25             
          T.C. 311 (1955), affd. per curiam 236 F.2d 959 (3d Cir. 1956).              
          Petitioner has not raised the issue of partial worthlessness of             
          any of the specific debts here at issue, and we will not consider           
          it.  See Mayer Tank Manufacturing Co. v. Commissioner, 126 F.2d             
          588 (2d Cir. 1942); accord Lehman v. Commissioner, 129 F.2d 288             
          (2d Cir. 1942).                                                             
               Petitioner is therefore entitled to claim a bad debt                   
          deduction under section 166(a)(1) only for debts that became                
          wholly worthless within the taxable year.  The Court, however,              
          has examined the record and is unable to find by a preponderance            
          of the evidence that any of petitioner's loans became wholly                
          worthless within any of the years before the Court.                         
                    The Aloi Debt                                                     
               The group of 30 notes from Mr. Aloi to petitioner was the              
          subject of a lawsuit brought by petitioner to reduce his claims             
          to judgment.  The litigation proceeded through the years at                 






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