James J. Lencke and Janene B. Lencke - Page 12

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          the Christophers' home was foreclosed, and in 1993 the                      
          Christophers filed for divorce.                                             
               During December 1990, Mr. Lencke contacted the Christophers            
          to discuss repayment of the $6,000 loan.  He was informed that              
          Mr. Christopher was currently "out of work", and the Christophers           
          would therefore not be able to repay the loan.  Petitioners then            
          decided not to pursue further collection of the debt.                       
               Mr. Christopher told petitioners that Main Street Floral had           
          been sold by the Christophers in December 1990.  However, the               
          Christophers did not enter into a contract to sell the floral               
          shop until January 19, 1991.  Main Street Floral was sold for               
          $18,000, and the Christophers received the initial installment in           
          the amount of $3,000 on January 19, 1991.  In December 1990, the            
          Christophers informed petitioners that any money they received              
          from the sale of their business would be used to repay their                
          obligation to the bank and would not be used to repay the $6,000            
          the Christophers owed to petitioners.  In March 1994, Mr.                   
          Christopher was employed by Wabash National Corporation.                    
               Because of the Christophers' failure to repay petitioners              
          the $6,000 loaned to them, petitioners claimed a nonbusiness bad            
          debt deduction on their 1990 Federal income tax return.  In the             
          notice of deficiency respondent disallowed petitioners' claimed             
          bad debt deduction because they failed to establish that the debt           
          became worthless in 1990.                                                   






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