Carl E. Jones and Elaine Y. Jones - Page 53

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            year.  The amount of the deduction for a bad debt is limited to                           
            the taxpayer's adjusted basis in the debt as provided by section                          
            1011.  Sec. 166(b); Perry v. Commissioner, 92 T.C. 470, 477-478                           
            (1989), affd. without published opinion 912 F.2d 1466 (5th Cir.                           
            1990).                                                                                    
                  Section 166(d)(1)(B) provides that where any nonbusiness bad                        
            debt becomes worthless within the taxable year, the loss                                  
            resulting therefrom shall be considered a loss from the sale or                           
            exchange, during the taxable year, of a capital asset held for                            
            not more than 1 year.                                                                     
                  There is no standard test or formula for determining                                
            worthlessness within a given taxable year; the determination must                         
            depend upon the particular facts and circumstances of the case.                           
            Crown v. Commissioner, 77 T.C. 582, 598 (1981); sec. 1.166-2(a),                          
            Income Tax Regs.  However, it is generally accepted that the year                         
            of worthlessness is to be fixed by identifiable events which form                         
            the basis of reasonable grounds for abandoning any hope of                                
            recovery.  Crown v. Commissioner, supra.  The taxpayer bears the                          
            burden of proving that the debt had value at the beginning of the                         
            taxable year 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).                                               
                  Petitioners offered no testimony or evidence about the                              
            losses from "J. Bradley" or "Ext Wall Vent" that they reported on                         
            their return.  Rather, in describing the loss at trial,                                   




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