Glenn and Marion Peterson - Page 2

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          After concessions by the parties, the issue for decision is                 
          whether petitioners may take a business bad debt deduction for              
          payment made on a guarantee of corporate indebtedness.                      


          Background                                                                  
               This case was submitted fully stipulated under Rule 122.1              
          The stipulation of facts and exhibits are incorporated herein by            
          this reference and found accordingly.                                       
               Petitioners, husband and wife, resided in Syosset, New York,           
          at the time of the filing of the petition.  They filed their 1988           
          Federal income tax return untimely on April 17, 1992, and their             
          1989 Federal income tax return untimely on April 15, 1993.  On              
          January 12, 1995, respondent mailed to petitioners a statutory              
          notice of deficiency for the 1988 and 1989 taxable years.                   
               Dutchess Processing Company, Inc. (Dutchess), was                      
          incorporated in August 1974, to engage in the processing,                   
          preserving, and canning of apples and apple byproducts.  Its                
          shareholders and officers were petitioner Glenn Peterson, his               
          father John Peterson, and Woodrow Pereira.2                                 

               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code in effect for the taxable years in                
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
               2  The stipulation of facts refers only to the status of               
          these individuals as officers, but petitioners' opening brief               
          describes them as the "three shareholders" who were "all active             
                                                             (continued...)           




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