Wayne A. McFadden - Page 21




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          sec. 7872.  In addition, petitioner testified that he viewed the            
          Atascadero loan as an investment for his profit-sharing plan.               
          Stephanie testified that the funds were loans, and that she had             
          always intended to repay the amounts borrowed.  We found                    
          petitioner and Stephanie to be credible, forthright, and                    
          believable in all respects.  The advances from petitioner’s                 
          profit-sharing plan to Stephanie and David were bona fide debt.             
          We go on to examine whether the debt became worthless in 1995.              
               The worthlessness requirement for nonbusiness debts is                 
          interpreted strictly:  The deduction is unavailable if even a               
          modest fraction of the debt can be recovered.  Bodzy v.                     
          Commissioner, 321 F.2d 331, 335 (5th Cir. 1963) (“last vestige of           
          value” must have “disappeared”), affg. T.C. Memo. 1962-40;                  
          Clanton v. Commissioner, T.C. Memo. 1995-416 (“partial                      
          worthlessness is insufficient”); sec. 1.166-5(a)(2), Income Tax             
          Regs.  This “hard line” approach is taken because the parties to            
          nonbusiness debts are typically members of the same family.  The            
          requirement of total worthlessness minimizes the opportunities              
          for taxpayers to claim deductions for gifts to family members.              
          Buchanan v. United States, 87 F.3d 197, 199 (7th Cir. 1996).                
               To prove the worthlessness of a nonbusiness debt, a taxpayer           
          must be able to point to some particular event or group of facts            



               2(...continued)                                                        
          compounding.  In August 1991, when the loans were consolidated,             
          the rate was 6.81 percent.  See Rev. Rul. 90-1, 1990-1 C.B. 155;            
          Rev. Rul. 91-41, 1991-2 C.B. 352.                                           



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