Mann Construction Co., Inc. - Page 24




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          collection efforts may serve as evidence of worthlessness.                  
          However, such action is not required.  See Smyth v. Barneson, 181           
          F.2d 143 (9th Cir. 1950); Bowman v. Commissioner, T.C. Memo.                
          1995-259.  Where the surrounding circumstances indicate that a              
          debt is worthless and uncollectible and that legal action to                
          enforce payment would in all probability not result in the                  
          satisfaction of execution on a judgment, a showing of these facts           
          will be sufficient evidence of worthlessness.  See sec. 1.166-              
          2(b), Income Tax Regs.                                                      
               We find that the surrounding circumstances so indicated in             
          this case, during petitioner's tax year ended July 31, 1992.                
          Among the other factors discussed above, we note that as of                 
          July 21, 1992, Mark Mann was insolvent in both balance sheet and            
          bankruptcy terms.  His total liabilities (including the advances)           
          were approximately $142,259; his assets were approximately                  
          $7,200, and consisted of his travel trailer/residence and his               
          used truck.  Also, as a result of his unemployment, Mark had                
          become unable to meet his obligations as they came due.  For                
          these reasons, it is clear that if petitioner had sought to                 
          collect the advances, Mark Mann would have been forced to declare           
          bankruptcy, and petitioner would most likely have received                  
          nothing.  Where a creditor is familiar with the debtor's                    
          circumstances and knows that the debtor is hopelessly insolvent,            
          he need not attempt to collect the debt where his attempts to do            





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