- -27 is fixed by identifiable events that form the basis of reasonable grounds for abandoning any hope of recovery. Crown v. Commissioner, 77 T.C. 582, 598 (1981). To be worthless, not only must a debt be lacking current value and be uncollectible at the time the taxpayer takes the deduction, but also it must be lacking potential value due to the likelihood that it will remain uncollectible in the future. Dustin v. Commissioner, 53 T.C. 491, 501 (1969), affd. 467 F.2d 47 (9th Cir. 1972). Failure to take reasonable steps to enforce collection does not prohibit the taking of a bad debt deduction, if there is proof that such steps would be futile. Perry v. Commissioner, 22 T.C. 968, 974 (1954). In 1987 when petitioner attempted to collect the debt from Mr. Kluzak, Mr. Kluzak stated that he was insolvent and might have to declare bankruptcy. Petitioner testified that he checked Mr. Kluzak's statements as best he could and decided that Mr. Kluzak was insolvent and his note was uncollectible. He, therefore, deducted the debt as worthless in 1987. On February 8, 1988, Mr. Kluzak's creditors filed an involuntary bankruptcy petition against him in the U.S. Bankruptcy Court, District of North Dakota. Mr. Kluzak was listed as owing $1,280,000 to secured creditors, and $1,367,421 to unsecured creditors. Petitioner was listed as an unsecured creditor in the amount of $75,000. Mr. Kluzak's total assets equaled $8,500, with estimated monthly income over estimated monthly expenses totalingPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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