Intergraph Corporation and Subsidiaries - Page 19

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            Commissioner, 56 T.C. 388, 408 (1971), affd. in part and remanded                             
            478 F.2d 1160 (8th Cir. 1973).  The mere fact that a business is                              
            on the decline, that it has failed to make a profit, or that its                              
            debt obligation may be difficult to collect does not necessarily                              
            justify treating the debt obligation as worthless.  Riss v.                                   
            Commissioner, supra at 407.                                                                   
                  The fact that a debtor is able to continue business                                     
            operations in the face of operating losses and receives continued                             
            financial backing of the creditor militates against a finding                                 
            that the debt obligation has become worthless.  See Roth Steel                                
            Tube Co. v. Commissioner, supra at 1182; Riss v. Commissioner,                                
            supra at 408.                                                                                 
                  The record in this case does not establish that Nihon                                   
            Intergraph’s debt obligation to Intergraph became worthless in                                
            1987.  Although Nihon Intergraph’s liabilities may have exceeded                              
            its assets during 1985, 1986, and 1987, Nihon Intergraph                                      
            continued to operate as a going concern, and Intergraph continued                             
            to extend its guarantee in support of the overdraft privilege.                                
            Even at the time of Intergraph’s transfer of the �823,943,385                                 
            into Nihon Intergraph's checking account, Intergraph intended for                             
            Nihon Intergraph to continue operating in Japan, and Intergraph                               
            continued to provide funds to Nihon Intergraph.                                               
                  It has not been established that in 1987 there existed no                               
            reasonable expectation that Intergraph would be repaid for                                    






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