Horace D'Angelo - Page 12

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          ($196,398) of the bad debt flowed through to H.K. Peach (the                
          other half flowing through to Crittenton), and petitioner may               
          deduct only half of that half (in other words, $98,199).                    
          Respondent reads PNC’s pretermination financial statements to               
          indicate that petitioner, in his capacity as president of Arbor,            
          believed that the debt was settled before Crittenton’s (and hence           
          PNC’s) termination.  In particular, respondent observes, PNC                
          recorded in those statements a $600,000 note receivable that it             
          received from Lakeland in connection with the debt settlement               
          agreement.  Respondent makes no mention of the terms of                     
          redemption in the debt settlement agreement but considers the               
          reporting of the $600,000 note receivable to be dispositive of              
          this issue.                                                                 
               On the basis of the facts and circumstances of this case, we           
          hold for petitioner.  We conclude from our reading of the debt              
          settlement agreement that the $392,796 was not forgiven until               
          after the redemption of Crittenton.  The parties to that                    
          agreement went to great lengths to memorialize their                        
          understanding that this redemption was a condition precedent to             
          the settlement of the debt.  Respondent has not alleged that the            
          debt settlement agreement was a sham or that the terms thereof              
          should be disregarded by the Court.  We respect the express terms           









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