Herbert C. Elliot - Page 12

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          Petitioner also has generated large amounts of personal service             
          income in years following and including the year of the Loan, and           
          we do not find that petitioner's guaranty of the Loan was tied to           
          his receipt of this income.  We hold that petitioner's dominant             
          motive when he guaranteed the Loan was to protect his investment            
          in EPC, and, hence, that his deduction with respect thereto is              
          attributable to a nonbusiness bad debt.                                     
               As to the amount of petitioner's deduction, we find that               
          petitioner paid the Bank $12,000, and that it foreclosed on his             
          land that he pledged as security for the Loan.  We decline to               
          allow petitioner any deduction with respect to the land.  The               
          parties have not adequately addressed the tax consequences                  
          surrounding the SBA's foreclosure of the mortgage, and the record           
          does not contain enough data for us to determine the tax                    
          consequences, including petitioner's deduction (if any), with               
          respect thereto.  See Helvering v. Hammel, 311 U.S. 504 (1941)              
          (a foreclosure is a "sale" precipitating the recognition of gain            
          or loss).  We are unable to find, for example, the value of the             
          land at the time of the foreclosure, the amount realized by                 
          petitioner upon the foreclosure, or petitioner's basis in the               
          land at the time of the foreclosure.  Accordingly, we hold that             
          petitioner's deduction is limited to $12,000.                               
          2.  $31,000 Amount                                                          
               Respondent also determined that petitioner could not deduct            
          the $31,000 payment that he made to the United States in 1991.              




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