- 16 - Commissioner, 478 F.2d 1160, 1166 (8th Cir. 1973), affg. on this issue and remanding on another issue 56 T.C. 388 (1971). “The decision must be made in the exercise of sound business judgment, based upon as complete information as is reasonably obtainable.” Andrew v. Commissioner, 54 T.C. 239, 248 (1970) (citing Blair v. Commissioner, 91 F.2d 992, 994 (2d Cir. 1937)). Generally, the taxpayer must show one or more “identifiable events” that demonstrate the worthlessness of the debt. American Offshore, Inc. v. Commissioner, 97 T.C. 579, 593 (1991). If the debtor is solvent in the sense that its assets exceed its liabilities, ordinarily no bad debt deduction is allowable to the creditor. Perry v. Commissioner, 22 T.C. 968, 973-975 (1954); Bennett v. Commissioner, 20 B.T.A. 171, 173-174 (1930). Although evidence demonstrating that the debtor is insolvent points to the conclusion that the debt is worthless, see Gorman Lumber Sales Co. v. Commissioner, 12 T.C. 1184, 1192 (1949), insolvency is not conclusive evidence that a debt is worthless. Cimarron Trust Estate v. Commissioner, 59 T.C. 195, 200 (1972). The fact that the credit of a debtor is not good, and that it does not have sufficient cash or other quick assets to pay its debts immediately, does not necessarily make a debt worthless. Bennett v. Commissioner, supra at 173-174; Ernst v. Commissioner, 18 B.T.A. 928, 929 (1930). Even if a debtor is shown to be insolvent, if it is still actively engaged in business, its insolvency does not necessarily establish the worthlessness ofPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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