- 8 - corporation other than the judgment and that, in his opinion, the judgment was virtually worthless. Upon the receiver's recommendation, the receiver was discharged and the judgment of the corporation was transferred to petitioner in consideration of petitioner's payment of all attorney's fees related to the suit, the receivership, and the collection efforts made in Florida. From 1981 to 1987, petitioner paid a total of $11,682.75 in attorney's fees to the law firm that handled the suit and also served as the receiver. Once the judgment was transferred to petitioner, he retained the same counsel in Florida to continue efforts to collect the judgment. In 1989, the Florida attorney informed petitioner that the judgment was not collectible because the judgment debtors had no assets. There is no evidence in the record to show that there was ever any likelihood of collection of the judgment between 1985 and 1989. At this point, petitioner was out $122,682.75, consisting of the $111,000 "investment certificates" and the $11,682.75 he spent in attorney's fees to have the judgment transferred to him and to attempt collection against the debtors. Petitioner concluded, in 1989, that the $122,682.75 constituted a worthless business debt. Therefore, beginning in 1989 and through the years at issue, petitioners claimed on their Federal income tax returns, as business bad debts, an amount that would reduce their Federal income tax for the respective years toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011