- 11 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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