- 16 - debt will be considered worthless only when it can be reasonably expected that the debt is without possibility of future payment and legal action to enforce the debt would not result in satisfaction. Hawkins v. Commissioner, 20 T.C. 1069 (1953). Petitioner bears the burden of proof, Rule 142(a), and must show that the debt had value at the beginning of the taxable year in question--in this case 1989--and that it became worthless during and prior to the end of that year, Millsap v. Commissioner, 46 T.C. 751, 762 (1966), affd. 387 F.2d 420 (8th Cir. 1968). We have found the amount of the debt, as assigned to AFIC in 1989, to be $93,595. Of that amount, petitioner concedes that $853, the cash value of the Lamar policies, is not deductible as a bad debt. Petitioner proposes no findings of fact and makes no arguments supporting its position that the debt became worthless in 1989 other than that Cooper began serving a prison sentence during 1989. The only evidence submitted by petitioner pertaining to the worthlessness of the debt is Jack Lee’s subjective testimony on the matter.9 Lee testified as follows: Q. Well, prior to his going to prison, what effort did you make -- after the business went defunct, what efforts did you make to collect on the loan? A. We went through a long history of George trying to collect. He went from -- after the thing -- after Cooper Ford went broke, then he bought the restaurant 9 Lee is chairman, chief executive officer, and part owner of petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011