James K. Wise and Claudia R. Wise - Page 12

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               In order for petitioners to claim a bad debt deduction, they           
          must show that the debt and the collateral were worthless in tax            
          year 1985.  Wood was in severe financial distress prior to tax              
          year 1985; he had $3 million of debt from his partnership                   
          transactions and $1 million of other debt, judgments were being             
          entered against him, and he could not get any additional                    
          financing from the bank.  Petitioners have not met their burden             
          of proving that the debt became worthless in 1985.  Furthermore,            
          petitioners have not presented any evidence as to when, if at               
          all, the collateral became worthless.                                       
               Based on the evidence presented, we find that petitioners              
          failed to sustain their burden of proving that the debt became              
          worthless in the year at issue.  Accordingly, we sustain                    
          respondent's disallowance.                                                  
               Victoria Bank Bad Debt Deduction--$50,000                              
               Petitioners claim that they are entitled to a $50,000 bad              
          debt deduction when the Victoria Bank debt was paid through the             
          restructuring of the Weimar Bank debt.  Respondent disallowed the           
          bad debt deduction on a number of grounds.                                  
               Petitioners' argument on this issue is vague and ambiguous.            
          On brief, petitioners merely argue against respondent's                     
          assertions.  Furthermore, we find that petitioners have not                 
          proven that the payment was made other than in petitioner's                 
          capacity as primary obligor on the debt.  Accordingly,                      






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