Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 48

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          addition to the decedent's estate is warranted on account of this           
          transaction.  We hold for the estate on this issue.                         
               b.  The Decedent's 1990 Bad Debt Deduction                             
               Respondent increased the decedent's adjusted taxable gifts             
          by $327,447 to reflect respondent's disallowance of various bad             
          debt deductions claimed by the decedent on his 1990 Federal                 
          income tax return.  The decedent claimed a $327,447 short-term              
          capital loss, described as "loans to third parties", with respect           
          to the following transactions:  (1) On February 17, 1990, he gave           
          Ms. Wong $30,000; the underlying "note" conditions repayment of             
          the "loan" on Ms. Wong's sale of her residence; (2) on May 21,              
          1990, he gave Ms. Wong $38,000; the record contains neither a               
          note nor any other reliable evidence of a loan; (3) on May 26,              
          1990, he gave $209,447 to Ms. Wong's mortgagee; the record                  
          contains neither a note nor any other reliable evidence of a                
          loan; (4) on October 17, 1990, he gave Phil Skauronski (Mr.                 
          Skauronski) $25,000, and Mr. Skauronski gave the decedent a                 
          "note" stating that he would repay the $25,000 with 15.5 percent            
          interest in 12 equal monthly payments; and (5) on October 22,               
          1990, the decedent gave Mr. Pasko $25,000; Mr. Pasko and the                
          decedent both signed a "note" that did not provide for interest,            
          security, collateral, or a fixed schedule of repayment.  Mr.                
          Pasko has never made any payments on this "loan".                           







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