Kenneth B. and Linda R. Satlin - Page 16

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          that petitioners held five notes that were secured by four                  
          different properties.                                                       
               Petitioners, as secured creditors, could have instituted               
          foreclosure proceedings on the four properties securing the                 
          debt.8  In June 2003, petitioners were informed by Thomas F.                
          DeCaro, the trustee in the bankruptcy matter, that they could               
          enforce their security interests in the respective properties.              
          Petitioners did not take any action to enforce their security               
          interests.                                                                  
               According to the debtors’ bankruptcy records, petitioners              
          had an enforceable, secured claim against the debtors in 1997;              
          however, petitioners took no foreclosure action to collect the              
          debt.  A holder of a secured note and a deed of trust is not                
          entitled to a bad debt deduction where the note is a bona fide              
          debt that has become due and the noteholder has failed to                   
          establish that the debt has become worthless.  Robertson v.                 
          Commissioner, T.C. Memo. 2004-217.  By failing to exercise all              
          their rights with respect to the secured property, petitioners              



               8  Petitioners received approximately $34,000 from a senior            
          lienholder for one of the notes secured by the 3513 property.               
               Three of the five notes were satisfied.  The property                  
          securing the note for 4413 Hemmingway was released on Mar. 25,              
          1997.  The property securing the note for 1235 Hilltop Drive was            
          released on Nov. 23, 1990.  The 3532 property was the security              
          for these notes.  The property securing the note for 14470                  
          Filarette Street was released on Nov. 23, 1990.  The 3513                   
          property was the security for this note.                                    




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