- 33 - As for the Attieh Bros. debt, we reach the same conclusion. Petitioner has not shown any identifiable event that occurred in 1994 which demonstrates the Attieh Bros. debt would not be repaid.19 The most significant factor in our reaching this conclusion is the fact that the Skating Palace continued to operate as a going concern throughout 1994. See Riss v. Commissioner, supra. Petitioner twice on brief cites the failure of the Attieh Bros.’ business in support of his bad debt claim, but the record establishes that the Skating Palace continued operation until at least 1998. In addition, we find it remarkable that the extensive written correspondence, i.e., faxes, between petitioner and the Attiehs concerning the loan and its repayment ends abruptly in August 1993. The volume of this correspondence before 1993 demonstrates that it was petitioner’s and the Attiehs’ well- established practice to communicate by fax concerning the loan. They exchanged at least 11 such faxes in 1990, 7 in 1991, and 9 in 1992. Yet petitioner produced no faxes subsequent to an 19 Respondent disputes the amount of the debt, arguing (1) that a portion of the $20,000 second loan amount was not part of the debt since it was held back to pay amounts already owed by the Attiehs to petitioner and (2) that a portion of both the $50,000 original loan and the $20,000 second loan was equipment rather than cash, and that petitioner, having failed to prove his basis in the equipment, would be denied a deduction under sec. 166(b). Because we hold the entire bad debt deduction to be disallowed because petitioner has not proven worthlessness during the year in issue, we do not address these arguments.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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