David G. Lagraff and Cynthia L. Lagraff - Page 3

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               Respondent determined a deficiency in petitioners’ Federal             
          income tax of $1,716 for the taxable year 1999.                             
               After concessions by petitioners, the sole issue remaining             
          for decision is whether petitioners are entitled to a bad debt              
          deduction.                                                                  
               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.  Petitioners resided in              
          Madera, California, on the date the petition was filed in this              
          case.                                                                       
               From November 1998 through May 1999, petitioner husband                
          (petitioner) worked as an independent contractor for Anderson               
          Mortgage Group, Inc. (Anderson), as a loan officer.  In this                
          capacity, petitioner earned commissions for real estate mortgage            
          loans which he procured, funded, and closed.  Petitioner’s                  
          contract with Anderson provided that either party had the right             
          to terminate the contract for any reason by providing the other             
          party with 24 hours’ written notice.  The contract further                  
          provided that upon termination “any loans procured but not funded           
          or closed will become the property of Anderson Mortgage and no              
          compensation will be due” petitioner.  In May 1999, Anderson                
          terminated the contract after giving petitioner the required 24             
          hours’ notice.  In July 1999, an attorney retained by petitioner            
          wrote Anderson, stating that petitioner was “due approximately              






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