- 18 - excess of the part charged off within the taxable year". See sec. 1.166-3(a)(2)(iii), Income Tax Regs. Courts have recognized the Commissioner's discretion and will not disturb his determination unless it is plainly arbitrary and unreasonable. Sika Chem. Corp. v. Commissioner, 64 T.C. 856, 862-863 (1975), affd. without published opinion 538 F.2d 320 (3d Cir. 1976); Bullock v. Commissioner, 26 T.C. 276, 299 (1956), affd. per curiam 253 F.2d 715 (2d Cir. 1958); Findley v. Commissioner, 25 T.C. 311 (1955), affd. per curiam 236 F.2d 959 (3d Cir. 1956). Petitioner has not raised the issue of partial worthlessness of any of the specific debts here at issue, and we will not consider it. See Mayer Tank Manufacturing Co. v. Commissioner, 126 F.2d 588 (2d Cir. 1942); accord Lehman v. Commissioner, 129 F.2d 288 (2d Cir. 1942). Petitioner is therefore entitled to claim a bad debt deduction under section 166(a)(1) only for debts that became wholly worthless within the taxable year. The Court, however, has examined the record and is unable to find by a preponderance of the evidence that any of petitioner's loans became wholly worthless within any of the years before the Court. The Aloi Debt The group of 30 notes from Mr. Aloi to petitioner was the subject of a lawsuit brought by petitioner to reduce his claims to judgment. The litigation proceeded through the years atPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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