- 29 - 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 TrustPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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