Kenneth B. and Linda R. Satlin - Page 12

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          the funds after 1993.  Petitioner continued to discuss business             
          opportunities with Mr. Jasbon in 1994 and 1996.                             
               We cannot conclude that there were any events which occurred           
          in 1997 that created some certainty as to lack of repayment or              
          reimbursement by Mr. Jasbon.  Petitioner has not presented                  
          sufficient evidence that would cause us to conclude that it                 
          became a reasonable certainty in 1997 that there was no prospect            
          of reimbursement.  See Halliburton Co. v. Commissioner, 93 T.C.             
          758, 770 (1989), affd. 946 F.2d 395 (5th Cir. 1991); Colish v.              
          Commissioner, 48 T.C. 711, 715 (1967); sec. 1.165-1(d)(2)(i),               
          Income Tax Regs. (whether a reasonable prospect of recovery                 
          exists is a question of fact).                                              
               We now consider whether petitioners are entitled to a bad              
          debt deduction, treating the advance as a loan to ITG or to Mr.             
          Jasbon.  Section 166(a) generally allows a deduction for any debt           
          that becomes worthless during the taxable year.  Bad debts may be           
          characterized as either business bad debts or nonbusiness bad               
          debts.  Sec. 166(d).  Section 166(d)(1)(B) provides that                    
          nonbusiness bad debts are deductible as short-term capital                  
          losses.  A bad debt is characterized as a business bad debt if it           
          is incurred in connection with a trade or business of the                   
          taxpayer.  Sec. 166(d)(2).                                                  
               Petitioner did not provide evidence that he was in the                 
          business of lending money to individuals or that there are any              






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