Ernst L. Meier - Page 21




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               General ledgers and income tax returns of Blackland for the            
          relevant years are not in evidence, which would reflect the                 
          ledger and tax return treatment by Blackland of the funds                   
          received from petitioner and the details of Blackland’s March               
          1996 $600,000 transaction with petitioner.                                  
               Petitioner, who has the burden of proof, has failed to                 
          establish that a genuine debtor-creditor relationship existed               
          between Blackland and himself with regard to the funds in                   
          question and that the purported loans constituted valid debt.               
               Further, and in the alternative, we conclude that the                  
          evidence does not establish that the purported loans to Blackland           
          became worthless by the end of 1995, the year for which the bad             
          debt deduction is claimed.                                                  
               As late as December 31, 1995, petitioner continued to                  
          transfer funds to Blackland, and in 1996 Blackland continued to             
          transfer funds to petitioner.                                               
               In December of 1995, Blackland had just begun settlement               
          negotiations with the tenant farmers which negotiations were not            
          completed until April of 1996.  Blackland itself did not claim a            
          bad debt deduction with regard to the loans it made to the tenant           
          farmers until its 1996 Federal income tax return was filed.  Had            
          Blackland in 1996 recovered more funds from the farmers, those              
          funds would have been available to transfer additional funds back           








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