Mann Construction Co., Inc. - Page 23




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          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.                      




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