- 15 - in AIM’s books corroborate petitioner’s testimony.4 Scott was a valuable employee of AIM who needed help. Petitioner believed Scott would repay the $14,900. We conclude that the $14,900 AIM paid to Scott was a loan. 2. Whether the $14,900 Debt Became Worthless in 1996 To prevail, petitioners must identify some event or facts which prove that the debt became worthless in 1996. United States v. S.S. White Dental Manufacturing Co., 274 U.S. 398, 401 (1927); Dallmeyer v. Commissioner, 14 T.C. 1282, 1291-1292 (1950). Respondent contends that petitioners did not show that the $14,900 debt became worthless in 1996. We disagree. Disappearance of the debtor is a factor that can show that a debt has become worthless. Cole v. Commissioner, 871 F.2d 64, 67 (7th Cir. 1989), affg. T.C. Memo. 1987-228; Briant v. Commissioner, T.C. Memo. 1982-397; Acree v. Commissioner, T.C. Memo. 1976-187. Scott disappeared in 1996. Petitioner tried unsuccessfully to find him. Further evidence that the debt became worthless in 1996 is that Scott told petitioner when Scott 4 Petitioner described the payments to Scott as “Loans to shareholder” or “Accts. rec’ble - other” in AIM’s books. The four entries that state “Loans to shareholder” are at odds with petitioners’ position. However, the three entries that state “Accts. rec’ble - other” are consistent with the contemporaneous notations petitioner wrote on the checks and petitioner’s testimony that AIM lent money to Scott.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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