Thomas K. and Billie J. Scallen - Page 2




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          for 1992, 1994, and 1995, respectively.1  The parties filed a               
          joint motion to sever the issue relating to Bille J. Scallen’s              
          joint and several liability, which we granted.  After                       
          concessions,2 the only issue for decision is whether certain                
          debts formerly owing to petitioner were business bad debts for              
          purposes of section 166(a).3                                                
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time of filing the           
          petition, petitioners resided in Minneapolis, Minnesota.                    




               1Petitioner Bille J. Scallen is a party to this case by                
          reason of the fact she filed joint Federal income tax returns               
          with Thomas K. Scallen for tax years 1992, 1994, and 1995.                  
          References to petitioner are to Thomas K. Scallen.                          
               2Petitioners concede that a certain Magazine Publishing                
          Company, Inc., debt is an S-corporation item and not a trade or             
          business bad debt; petitioners concede that a certain Stephen               
          Scallen debt is a nonbusiness bad debt; petitioners concede                 
          certain Schedule E income adjustments of $8,638 and $42,151 for             
          1994 and 1995, respectively; and the parties agree that if the              
          Court sustains respondent’s determinations, then the correct                
          amount of petitioner’s allowable itemized deduction for interest            
          expense is $226,203 instead of $245,043 as determined in the                
          notice of deficiency.  Respondent concedes the issue relating to            
          his determination of unreported investment interest income of               
          $25,000, $262,000, and $2,000 in 1990, 1991, and 1992,                      
          respectively.                                                               
               3Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the tax years at issue.             
          All Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  




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