Gerald P. and Abbe L. Keane - Page 4

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          made the decision not to leave Stanford to fulfill his service              
          obligation because he believed to do so would affect his standing           
          in the program.  DHHS thereafter regarded him as in default and             
          liable to the United States for repayment of the scholarship                
          money plus damages pursuant to a treble damages clause in the               
          contract.  Health Professional Educational Assistance Act of                
          1976, Pub. L. 94-484, sec. 408(b)(1), 90 Stat. 2243, 2286, 42               
          U.S.C. sec. 254o(b)(1) (Supp. IV, 1981).                                    
               Petitioner, believing he was not in default, filed a civil             
          suit in the United States District Court for the District of                
          Columbia against the Secretary of DHHS in Keane v. Bowen, Civil             
          Action No. 86-02574-SS.                                                     
               In October 1987, petitioner reached a settlement with DHHS,            
          and the case was dismissed.  Under the terms of the agreement, a            
          promissory note was executed whereby petitioner agreed to pay               
          $125,000 to DHHS representing the $45,805 in original principal             
          and $79,195 in previously accrued interest.  Additional interest            
          on the unpaid balance was also due at the rate of 7.22 percent              
          per annum.                                                                  
               In taxable years 1991, 1992, and 1993, petitioners claimed             
          Schedule C business deductions for the interest paid on the                 
          promissory note in the amounts of $7,249, $5,220, and $5,409,               
          respectively.  Respondent disallowed these deductions on the                







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