- 14 - 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”.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011