- 11 - petitioners have not shown that such debt became wholly worthless in 1990 or 1991.4 After considering all of the relevant facts, we find that, regardless of whether the promissory note signed by petitioner husband created a bona fide debt, petitioners have not shown that the debt became totally worthless in 1990 or 1991. The record contains no evidence of any attempts by petitioner wife to enforce repayment of the loan. Although petitioners were not married at the time petitioner husband signed the loan agreement, their marriage only 2-1/2 months after the debt's repayment date indicates that petitioner wife decided not to collect an otherwise collectible debt from her new husband. See Davies v. Commissioner, 54 T.C. 170, 176 (1970). In the absence of any credible proof supporting a finding that the loan became uncollectible in 1990 or 1991, we find that petitioners failed to carry their burden in that respect. Petitioner husband testified that the loan was incurred to finance his marketing of the golf club cleaning machine and his failure to sell any of these units foreclosed any chance that he would be able to repay the loan, thus making it worthless. There 4 We note that the original claim for a bad debt deduction was in 1990, a taxable year not before the Court. This case concerns only petitioners' claimed bad debt deduction in 1991. Our decision controls the deductibility of the debt in 1991 regardless of whether the debt first became worthless in 1990 or 1991.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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