Mehdi H. Hajiyani - Page 22




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          all in the year 1991.  Petitioner retained a lien interest of               
          unknown value.  The Brown note was made in 1991 and renewed in              
          1992.  The next relevant event was the filing of a petition in              
          bankruptcy by Mr. Brown in 1996.  The Johnson note was the                  
          subject of a foreclosure suit resulting in a judgment conveying             
          to petitioner the deed of trust property of unknown value.  At              
          some later unknown date, Mr. Johnson filed for bankruptcy.                  
          Petitioner obtained title to property of unknown value securing             
          the Norman/Beard loan in 1988 and then leased the property to               
          various tenants until 1998.  The Fuller property, of unknown                
          worth, foreclosed on by petitioner in 1993, was sold by him in              
          1999 for an unknown amount.  The maker of the ILN notes filed for           
          bankruptcy in 1991, and the property securing petitioner's notes            
          was insufficient to pay secured creditors senior to petitioner.             
               Without evidence of the financial situation of the debtors             
          and the value of collateral petitioner obtained, we are unable to           
          determine that in 1992 through 1994 the subject loans became                
          totally lacking in value and lacked any potential for future                
          collectibility.  See Pierson v. Commissioner, 27 T.C. 330, 338-             
          339 (1956), affd. 253 F.2d 928 (3d Cir. 1958); Dean v.                      
          Commissioner, T.C. Memo. 1970-75.  The evidence is insufficient             
          to show that the real estate loans became worthless in the years            
          at issue.                                                                   








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