- 22 - 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 thatPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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