- 9 - 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 corporationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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