- 8 - transaction entered into for profit’ surely means something more than the mere casual preliminary investigation of a prospective business or investment.” Although petitioner expended capital, he has failed to demonstrate what steps, if any, were taken beyond a preliminary investigation. Petitioner’s testimony on this subject was vague and, to some extent, incomprehensible. Accordingly, petitioners are not entitled to a deduction under section 165(c)(2). See Brown v. Commissioner, 40 T.C. 861, 869- 870 (1963); see also Frank v. Commissioner, supra. III. Bad Debt Losses FINDINGS OF FACT In the early 1980’s, petitioner formed a partnership with Albert J. Schara (Mr. Schara) for the purpose of buying and selling real estate. Over the course of their partnership, petitioner made several loans to Mr. Schara or to partnerships controlled by him. When the partnership dissolved in 1988, Mr. Schara had loans outstanding to petitioner totaling $147,000. These loans were represented by three separate notes. One note was given in exchange for two checks (a $50,000 check dated March 23, 1984, and a $5,000 check dated November 2, 1984) made payable to Schara Development Co., although Mr. Schara was personally liable for the entire debt. Another note was in the principal amount of $136,024 and dated February 4, 1983. This note represented several separate payments from petitioner to T. A. Investments, a partnership that was controlled by Mr. Schara. Two payments totaling $56,000 were made on this note, reducingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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