Terry and Kathryn A. Roditski Dilozir - Page 8

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          profitable venture.  I don't know if it's called a bad debt, but            
          it's an expense."  We interpret petitioner's statement as an                
          assertion that the surrendered deposit somehow gave rise to a               
          deduction under the general provisions of either section 162(a)             
          or section 212.  Section 212 generally permits a taxpayer to                
          deduct ordinary and necessary expenses incurred either for the              
          production of income or for the management, conservation, or                
          maintenance of property held for the production of income.  There           
          is no indication in the record that petitioner sought to purchase           
          the property in question as part of his trade or business or with           
          the intent to produce income.  Petitioners have failed to meet              
          their burden of proving that they are entitled to the claimed               
          deduction.  Rule 142(a).  We, therefore, sustain respondent on              
          this issue.                                                                 
          2.  Schedule D Gains and Losses                                             
               (a)  Demand Note                                                       
               On November 8, 1989, petitioner agreed to lend $5,700 to the           
          Connecticut Gold Chip Co. (CGCC).  In return, petitioner received           
          a demand note.  The note provided that the principal was payable            
          on or after December 31, 1989, upon the demand of the payee or              
          holder.  The note further provided that a late payment penalty              
          was payable at the rate of 5 percent on any unpaid principal as             
          of December 31, 1989, and upon default, interest would accrue at            
          an annual rate of 18 percent on any unpaid balance.  Petitioner             
          did not receive any repayments of principal or interest on the              




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