Mehdi H. Hajiyani - Page 20




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          issue, and not until 1995 did the court enter judgment largely in           
          favor of petitioner.  It seems unlikely that a reasonable                   
          business person would spend substantial time and money to collect           
          a wholly worthless debt.  Petitioner still receives payments,               
          albeit nominal in amount, on the Aloi judgment.                             
                    The Tooke Loans                                                   
               With respect to petitioner's $30,000 guarantee of the Tooke            
          floor-planning credit line, and its attendant litigation, the               
          parties stipulated evidence of a settlement recommendation by               
          petitioner's attorney in June of 1991.  The recommended                     
          settlement required that petitioner acquiesce in the liquidation            
          of his collateral by the creditor.  If the settlement was entered           
          into in 1991, and there is no evidence to show otherwise,                   
          petitioner's debt became worthless in 1991.  See sec. 1.166-9(a),           
          (d), Income Tax Regs.  There was no right of subrogation in the             
          agreement between petitioner and Mr. Tooke that would delay the             
          determination of the year of worthlessness.  See sec. 1.166-                
          9(e)(2), Income Tax Regs.                                                   
               As to the 10 used-car-buyers' notes petitioner purchased               
          from Mr. Tooke, all the borrowers defaulted in 1989.  Of the nine           
          for which he received title, petitioner retains the title to all            
          except one which he exchanged for a payment of $800 on April 27,            
          1992.  Petitioner testified that it was not clear when some of              
          the notes became worthless.  Petitioner had not obtained credit             






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