Jerome J. and Beatrice A. Mack - Page 27

                                        -  -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 totaling           






Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011