Harold T. and Christine B. Couch - Page 9

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               In the present case, petitioners contend that the debt                 
          became worthless during 1990.  They rely first on the fact that             
          HTC was dissolved by the State of Connecticut on June 19, 1990.             
          They equate HTC's dissolution to bankruptcy.  They argue that               
          section 1.166-2(c)(2), Income Tax Regs., provides that the year             
          of settlement in bankruptcy cases is the proper year to consider            
          the debt worthless, that the dissolution of their corporation is            
          equivalent to bankruptcy, and that a deduction should therefore             
          be allowed here in the same manner.                                         
               Petitioners misread section 1.166-2(c)(2), Income Tax Regs.            
          That section provides:                                                      
               In bankruptcy cases a debt may become worthless before                 
               settlement in some instances; and in others, only when                 
               a settlement in bankruptcy has been reached.  In either                
               case, the mere fact that bankruptcy proceedings                        
               instituted against the debtor are terminated in a later                
               year, thereby confirming the conclusion that the debt                  
               is worthless, shall not authorize the shifting of the                  
               deduction under section 166 to such later year.                        
               [Emphasis added.]                                                      
          Id.  Petitioners ignore the word "may" in the regulation.  They             
          also ignore section 1.166-2(c)(1), Income Tax Regs.  That section           
          states that "[b]ankruptcy is generally an indication of                     
          worthlessness".  Id.  (Emphasis added).  It has been held that              
          bankruptcy "is not enough by itself to establish worthlessness."            
          Cox v. Commissioner, 68 F.3d 128, 131 (5th Cir. 1995), affg. T.C.           
          Memo. 1994-189.                                                             
               Petitioners next point out that the corporation had no                 
          property with which to secure the debts.  Because the corporation           




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