- 22 - was ongoing, and the final deadline for claims was extended until the following year so that the IRS could file its proof of claim. Many of the claims against Drexel arose from securities litigation, and the amount of Drexel’s liability in connection with those claims could not be known until the litigation was settled or proceeded to judgment. Contrary to petitioners’ contention, the size of the claims made against Drexel are not necessarily probative of the state of its financial condition in 1990. For instance, we note that the IRS filed a Federal tax claim against Drexel in the amount of $5.3 billion, which apparently was settled for, inter alia, a payment of $183 million in 1992 and a payment of $106 million in interest over the next 6 years. Finally, Drexel filed a petition for reorganization pursuant to chapter 11, which, absent evidence that the creditors have suggested dismissal, often carries a strong presumption that the reorganization was not hopeless. Mayer Tank Manufacturing Co. v. Commissioner, 126 F.2d 588, 592 (2d Cir. 1942); see Simon v. Commissioner, T.C. Memo. 1978-485. The record in the instant case indicates to us that the events that occurred in 1990 do not require a conclusion that all reasonable hope that the note would be paid, at least in part, could be abandoned in that year. Estate of Mann v. United States, supra at 276. Petitioner’s subjective perceptions of Drexel’s financial condition on February 13, 1990, are insufficient to support petitioners’ claim that the note became worthless during 1990.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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