- 27 - On the record before us, we find that petitioner has failed to prove that he is entitled for 1989 to treat as a nonbusiness bad debt the interest on the October 5 and the October 7 notes. Claimed Nonbusiness Bad Debt of Mr. McWilliams Petitioner contends that the aggregate amount of principal and interest on Mr. McWilliams' note is a bona fide debt that became worthless during 1989. Petitioner introduced into evi- dence a note signed by Mr. McWilliams on December 15, 1987, which stated that Mr. McWilliams was to repay Nathanael Roman $4,500 at an annual percentage interest rate of 12 percent in monthly installments of principal and interest totaling $275. In addi- tion, petitioner testified that: (1) He lent Mr. McWilliams the amount represented by Mr. McWilliams' note, (2) during 1989 Mr. McWilliams was unable to pay certain creditors, and (3) he determined that Mr. McWilliams was unable to pay the aggregate amount of the principal and interest on Mr. McWilliams' note. Based on petitioner's documentary and testimonial evidence regarding Mr. McWilliams' note, we find that the aggregate amount of the principal and interest on Mr. McWilliams' note is a bona fide debt within the meaning of section 166. We must now deter- mine whether petitioner has shown that that debt became worthless during 1989. The only evidence presented at trial with respect to the worthlessness of Mr. McWilliams' note was petitioner's testimony that during 1989 he determined that Mr. McWilliams was unable to pay certain creditors. More than petitioner's beliefPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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