Janice L. Morris - Page 45

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          business debt if it is proximately related to a taxpayer's trade            
          or business.  Sec. 1.166-5(b), Income Tax  Regs.; see Putoma                
          Corp. v. Commissioner, 66 T.C. 652, 673 (1976), affd. 601 F.2d              
          734 (5th Cir. 1979).  To illustrate, if the dominant motivation             
          of a person in making a loan to a corporation of which he is both           
          a stockholder and an employee is to secure such person's employ-            
          ment, and not to preserve such person's investment, the loan will           
          be considered a business debt.  See Garner v. Commissioner, 987             
          F.2d 267, 269 (5th Cir. 1993), affg. T.C. Memo. 1991-569.                   
               Mr. Morris testified that the purpose of the Galt loan was             
          to assist Galt Communications in the early stages of its opera-             
          tions by providing it with money with which to pay its business             
          expenses.  He further testified, and we have found, that although           
          he was not an employee of that company at the time he made the              
          Galt loan, he hoped to secure future employment with it by making           
          the loan at issue.  Mr. Morris also testified that he believed              
          that that loan was a business loan.  Although Mr. Morris' testi-            
          mony is insufficient to establish what his dominant motivation              
          was in making the Galt loan or whether his involvement with Galt            
          Communications constituted a trade or business, it does show that           
          some basis existed for believing that that loan was made primar-            
          ily for business, and not investment, purposes.  Accordingly, we            
          find that there was some basis in fact and law to claim a deduc-            
          tion for the worthless Galt loan.                                           
               With respect to the claimed deduction for legal expenses               




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