- 16 - relied on by respondent involved a situation where the taxpayer claimed partial worthlessness where the debtor’s liabilities were seven times its assets. The Court, in denying the taxpayer’s claim, found: That although the liabilities exceeded assets by a ratio of 7 to 1, the assets had considerable value; in the year of the taxpayer’s claim and the following year the debtor made repayments, and the repayments continued until the debt was reduced to an amount smaller than claimed loss. See Miller Realty Co. v. Commissioner, T.C. Memo. 1977-440. In petitioner’s circumstances, Snacks’ negative net worth was steadily increasing. The increases during the 1991, 1992, and 1993 periods, however, were to some great extent attributable to advances from K&H. More importantly, petitioner has not shown any identifiable events that “clearly mark the futility of any hope of further recovery.” The accountant’s purchase of the notes for a nominal amount was a transaction for convenience and as a courtesy to petitioner, and did not evidence the worthlessness of the notes. We also agree with respondent’s observation that K&H’s continued extension of credit is not consistent with the claim of worthlessness. Although the advances are business debt within the meaning of section 166, no portion of them became worthless during petitioner’s 1991, 1992, or 1993, taxable year. We also note that even if the sale of thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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