Mann Construction Co., Inc. - Page 11




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          subject to one or more contingencies or conditions.  See Hunt v.            
          Commissioner, T.C. Memo. 1989-335 (borrowers' ability to repay              
          depended to a sizeable extent on increased value of their                   
          investments in silver, but their obligations to pay were fixed              
          and absolute; held, debt not "contingent", and bad debt deduction           
          could be proper, despite the "risk" that the borrowers could not            
          repay); see also Goldstein v. Commissioner, T.C. Memo. 1980-273,            
          where we found that the Commissioner had confused                           
               the concept of a contingency which invalidates the bona                
               fide nature of a loan with the risks that are inherent                 
               in any loan transaction.  There is always some element                 
               of risk that a loan might not be repaid.  The existence                
               of this risk does not mean, however, that repayment is                 
               contingent on the nonoccurrence of that risk.  * * *                   
               After reviewing the entire record, we are convinced                    
          petitioner's stipulation that Mark Mann's repayment of the                  
          advances was "contingent" was not an admission that Mark's                  
          promise or obligation to repay was conditioned upon his receiving           
          sufficient future earnings from petitioner.  Rather, it was an              
          acknowledgment that Mark's ability to repay depended on his                 
          having gainful future employment.  This latter kind of                      
          contingency or risk (which often exists in the case of unsecured            
          debt) may be a relevant factor in determining whether the                   
          advances were bona fide debt, because it affects the likelihood             
          of repayment.  However, it does not by itself render contingent,            








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