Wayne A. McFadden - Page 25




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          in 1995 he did not believe Stephanie would be able to make                  
          payments on his debt, and that it was worthless.3                           
               Petitioner also had conversations with David about the debt.           
          Petitioner testified credibly that he believed that, even though            
          David was honest and wanted the debt paid, he did not have the              
          means to make payments.  Petitioner also consulted a real estate            
          broker concerning the value of the Atascadero property.                     
          Petitioner took a deed in lieu of foreclosure to protect his                
          security interest and to salvage part of the debt he was owed.              
               In addition to Stephanie’s and David’s inability to pay,               
          petitioner’s decision that the debt was worthless was based on              
          section 580b of the California Code of Civil Procedure.                     
          Petitioner believed that section 580b barred him from pursuing an           
          action to recover the outstanding balance from either Stephanie             
          or David.  Section 580b provides that no deficiency judgment may            
          be obtained--                                                               
               after a sale of real property * * * for failure of the                 
               purchaser to complete his contract of sale, or under a                 
               deed of trust * * * or mortgage * * * given to the                     
               vendor to secure payment of the balance of the purchase                
               price of that real property, * * * or under a deed of                  
               trust * * * or mortgage * * * on a dwelling for not                    
               more than four families given to a lender to secure                    

               3Petitioner did not claim a bad debt deduction on his 1995             
          return.  Even though he believed the debt was worthless in 1995,            
          petitioner was under the mistaken impression that the proper tax            
          treatment of the worthless debt was to account for it as part of            
          his basis in the Atascadero property.  Petitioner’s                         
          misunderstanding of the proper tax treatment does not alter our             
          conclusion that he reasonably believed the debt was worthless in            
          1995.                                                                       




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