- 23 - beginning of petitioner's 1992 tax year, Mark Mann sought credit counseling, and the counseling service recommended bankruptcy. In addition, during petitioner's 1992 tax year, Mark Mann became (and remained) unemployed and could not meet his obligations as they came due. Moreover, also during petitioner's 1992 tax year, petitioner discontinued and sold the assets of the business in which Mark had worked. Finally, it is clear that Mark's liabilities greatly exceeded his assets as of the end of that tax year. We find that these identifiable events gave petitioner clear and definite grounds for abandoning any hope of recovering the advances, as of the close of its 1992 tax year. Therefore, keeping respondent's arguments--and the difficulty of determining the time of worthlessness--in mind, the evidence has convinced us that petitioner's business judgment with respect to the value of the advances was sound. We find that petitioner's advances to Mark Mann (and the accrued interest thereon) became worthless during petitioner's tax year ended July 31, 1992.4 Respondent notes that petitioner did not take legal action to enforce repayment of the advances. Of course, the results of 4 Hindsight confirms petitioner's judgment. The fact that Mark Mann had not attained solvency 6 years after petitioner canceled the advances--which had constituted approximately 83 percent of Mark's liabilities--further indicates that the advances were worthless when petitioner canceled them.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011