- 25 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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