Nathan Boatner - Page 7

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            through bookkeeping entries or testimony have limited                                       
            significance unless these labels are supported by objective                                 
            evidence.  Fin Hay Realty Co. v. United States, supra at 697;                               
            Dixie Dairies Corp. v. Commissioner, supra at 495.                                          
                  Petitioner argues that the advances constituted bona fide                             
            business loans that became worthless in 1992.  Petitioner claims                            
            he is therefore entitled to a business bad debt deduction in                                
            1992.  Respondent argues primarily that the advances did not                                
            constitute a bona fide loan to James Trading and, therefore, that                           
            petitioner should not be allowed a business bad debt deduction                              
            under section 166.  Alternatively, respondent argues that if any                            
            portion of the advances constituted bona fide loans, that portion                           
            should be treated as a nonbusiness debt that did not become                                 
            completely worthless in 1992.  We agree with respondent's primary                           
            argument.                                                                                   
                  The fact that repayment of the advances depended upon James                           
            Trading's financial success indicates that the advances did not                             
            constitute bona fide loans.  See Stinnett's Pontiac Serv., Inc.                             
            v. Commissioner, 730 F.2d 634, 639 (11th Cir. 1984), affg. T.C.                             
            Memo. 1982-314; Estate of Mixon v. United States, 464 F.2d 394,                             
            405 (5th Cir. 1972).  Petitioner never demanded repayment of the                            
            purported loans.  We also find it significant that, in the                                  
            instant case, there was no repayment schedule or interest rate                              
            stated on the face of the notes.  Petitioner's failure to demand                            





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