Gerry M. Griggs - Page 15

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               there was no hope of getting paid.  It was over.  And                  
               that was in the year 2000.                                             

          Petitioner contends that all activity on the Kirshner deal ended            
          in the year 2000 due to litigation against Kirshner by an outside           
          investor who had been brought in by petitioner.  Up to that                 
          point, petitioner contends, he had continued to try to raise                
          capital, reform Kirshner Content, and repay the outstanding debt.           
               Petitioner offered the testimony of his business partner,              
          Thurmond, with respect to the claimed deduction.  However,                  
          Thurmond was uncertain when the business relationship                       
          definitively ended.  He admitted that the actual attempt to fund            
          and operate Kirshner Content ended “a long time ago” but was                
          unable to fix an exact date, other than it was in the late 1990s.           
          At trial, Thurmond stated it was either in 1999 or 2000.12  While           
          Thurmond believed that several Kirshner entities received interim           
          financing, he could not positively state that Kirshner Global               
          received any interim financing.  Thurmond’s testimony does not              
          convince the Court that the business relationship ended in the              
          year 2000.                                                                  
               Moreover, the Court is not satisfied from the evidence that            
          there even was a bona fide debt, much less a debt that became               
          wholly worthless in 2000 for the following reasons.                         

               12 Thurmond also stated at one point that it was in 2002 but           
          immediately corrected himself to provide that it was “either 2000           
          or before”.                                                                 





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