- 34 - August 19, 1993 fax (in which the Attiehs represent that a payment will be made in September). While it is clear that petitioner and the Attiehs remained in close contact through the time of trial, petitioner would have us believe that all contact with the Attiehs after the August 19, 1993, fax was oral only. On this record, we do not believe that the fax correspondence between petitioner and the Attiehs ceased in August 1993. See Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). We can conclude only that petitioner was either unable or unwilling to produce later faxes that might bear more directly on the prospects for recovery in 1994.20 Petitioner bears the burden of proving that the Attieh Bros. loan became worthless in 1994. The last piece of documentary evidence shows that the Attiehs were still attempting to make repayment arrangements into September of 1993. Even if we believed no later faxes were sent, the testimony given by petitioner and Thair is too vague to provide any basis to conclude that the situation as documented in August 1993 specifically changed in 1994. On this record, we conclude that petitioner has failed to show that the Attieh Bros. loan became worthless in 1994. 20 The numerous instances in the record where petitioner gave conflicting statements in connection with the casualty loss have damaged his credibility with respect to all issues in the case.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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