B. Suri - Page 8

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               The thrust of petitioner’s testimony is that he made loans             
          to virtual strangers over the course of 1999, through December              
          1999, pursuant to “promissory notes” that did not specify any               
          amounts due, in order to earn favorable interest.  Petitioner               
          testified as follows:                                                       
               in ‘97 and ‘98 and ‘99 I was actively involved in it                   
               and when I found the market was going down I started                   
               liquidating and fortunately I had the opportunity to                   
               meet this group and I thought that rather than putting                 
               my money in the bank making two percent or three                       
               percent I had an opportunity that they would give me                   
               six percent and I could therefore secure the fund for                  
               myself.                                                                
                    Then later on if something panned out where they                  
               went IPO or something else I might be able to have some                
               opportunity there.  So I asked them to provide me a                    
               promissory note which they did for ‘99 on the basis                    
               that I would provide them the funds as they needed it                  
               and as I had the available when I had already cashed                   
               some of my stocks.  * * *                                              
          Petitioner then claims that, in early 2000, he concluded that the           
          alleged “loans” were worthless.                                             
               Whether a bona fide debtor-creditor relationship exists is a           
          question of fact to be determined upon consideration of all of              
          the facts and circumstances.  Fisher v. Commissioner, 54 T.C.               
          905, 909 (1970).  Among the factors that are commonly considered            
          in deciding whether there was a reasonable expectation, belief,             
          and intention of repayment are:  (1) Whether a note or other                
          evidence of indebtedness exists, Clark v. Commissioner, 18 T.C.             
          780, 783 (1952), affd. 205 F.2d 353 (2d Cir. 1953); (2) whether             
          interest is charged, id.; (3) whether there is a fixed schedule             





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