American Underwriters, Inc. - Page 29

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          Commissioner, T.C. Memo. 1995-494.  As the Court explained in               
          Putnam:                                                                     
               The reality of the situation is that the debt is an                    
               asset of full value in the creditor's hands because                    
               backed by the guaranty.  The debtor is usually not able                
               to reimburse the guarantor and in such cases that value                
               is lost at the instant that the guarantor pays the                     
               creditor.  But that this instant is also the instant                   
               when the guarantor acquires the debt cannot obscure the                
               fact that the debt "becomes" worthless in his hands.                   
               [Putman v. Commissioner, supra at 89.]                                 
               Whether a debt is worthless is a factual determination, on             
          which the taxpayer bears the burden of proof.  Estate of Mann v.            
          United States, 731 F.2d 267, 275 (5th Cir. 1984); Crown v.                  
          Commissioner, 77 T.C. at 598.  This ordinarily entails proof of             
          identifiable events that establish that the debt will not be paid           
          in the future.  Estate of Mann v. United States, supra at 276.  A           
          taxpayer's subjective opinion that a debt is uncollectible,                 
          standing alone, is not sufficient evidence that the debt is                 
          worthless.  Fox v. Commissioner, 50 T.C. 813, 822  (1968), affd.            
          per curiam by an unreported order (9th Cir. 1970). Rather,                  
          taxpayers must arrive at a conclusion of worthlessness through              
          the exercise of sound business judgment, basing their judgment              
          upon as complete information as is reasonably obtainable.  Andrew           
          v. Commissioner, 54 T.C. 239, 248 (1970).  Although evidence                
          demonstrating that the debtor is insolvent points to a conclusion           
          that a debt is worthless, see Gorman Lumber Sales Co. v.                    
          Commissioner, 12 T.C. 1184, 1192 (1949), insolvency does not                
          establish conclusively that a debt is worthless, Cimarron Trust             




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