- 20 - taxable year is allowable as a deduction. A debt will generally 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). 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). In other words, the taxpayer must demonstrate what part of the debt is worthless. Sec. 1.166- 3(a)(2)(iii), Income Tax Regs. In the case of a partial writeoff of a bad debt, the question is whether the Commissioner's discretion was abused. Brimberry v. Commissioner, 588 F.2d 975, 977 (5th Cir. 1979), affg. T.C. Memo. 1976-209. Here, petitioner is claiming a partial worthlessness of the debts at issue; that is, the accounts payable to petitioner were worthless to the extent of the rebates. As discussed hereafter, petitioner failed to prove that any portion of the accounts payable to petitioner from its related entities was worthless and thus uncollectible. 1. KAW There is no evidence that KAW's accounts payable to petitioner were partially worthless. Petitioner gave a $40,000 rebate to KAW in fiscal year 1992. In that year, KAW: (1) Had retained earningsPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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