Nathanael Roman - Page 27

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               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 belief             




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