Henry A. Julicher - Page 33




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               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.                       





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