Wayne A. McFadden - Page 22




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          that proves worthlessness.  Coborn v. Commissioner, T.C. Memo.              
          1998-377 (citing  Am. Offshore, Inc. v. Commissioner, 97 T.C.               
          579, 593-594 (1991)), affd. 205 F.3d 1345 (8th Cir. 1999).                  
          Petitioner must establish sufficient objective facts from which             
          worthlessness could be determined.  Fox v. Commissioner, 50 T.C.            
          813, 822-823 (1968), affd. per curiam 25 AFTR 2d 70-891, 70-1               
          USTC par. 9373 (9th Cir. 1970).  A debt is considered worthless             
          when there are reasonable grounds for abandoning hope that the              
          debt will be repaid.  The decision must be made in the exercise             
          of sound business judgment.  Andrew v. Commissioner, 54 T.C. 239,           
          248 (1970).  Legal action is not required to enforce payment                
          where the surrounding facts and circumstances indicate that, in             
          all probability, the action would not result in an enforceable              
          judgment in favor of the lender.  Sec. 1.166-2(b), Income Tax               
          Regs.  The determination by the trier of fact that a debt has               
          become worthless requires an examination of all the facts and               
          circumstances.  Boehm v. Commissioner, 326 U.S. 287, 293 (1945);            
          Dallmeyer v. Commissioner, 14 T.C. 1282, 1291 (1950).                       
               Petitioner contends he had two grounds for concluding the              
          Atascadero loan was worthless in 1995.  First, he argues that               
          Stephanie’s financial condition in 1995 had deteriorated to the             
          point where he would have been unable to recover any of the                 
          outstanding balance from her.  Second, petitioner contends that             








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