- 20 - reasonably certain of recovering the principal and a major portion of the discount. See id. at 495. We are not persuaded that the loan in the present transaction was speculative. The Guaderramas argue that Benavidez had insufficient assets to exercise the option and purchase the property. Insufficient assets, however, is not the test of a speculative investment for tax purposes. In Estate of Ratliff v. Commissioner, T.C. Memo. 1995-428, we stated that “mere absence of security is not sufficient to deem a loan speculative.” In any event, we are not convinced that Benavidez was unable to exercise the option to purchase the property. Indeed, Benavidez was approved for a loan from the SBA in 1996 and was in a financial position where he could have exercised the option. Guaderrama was apparently aware of this since Guaderrama’s attorney sent a letter to a bank expressing interest in selling the property to Benavidez in order to help Benavidez qualify for a loan. Thus, the evidence in the record suggests that Benavidez could have exercised the option. The Guaderramas further argue that Benavidez’ sole source of funds was dependent on operating the new restaurant successfully, making the likelihood of repayment speculative. There is no evidence, however, that Severo’s would not be successfully operated by Benavidez. As Guaderrama testified, he himself had studied the transaction and decided that it would be a good investment. Thus, we find this argument unpersuasive. We alsoPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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