Precision Pine & Timber, Inc. - Page 12




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          was in fact worthless in the year the losses were claimed.                  
          Echols v. Commissioner, supra at 212-213.                                   
               Closed and completed transactions and identifiable events              
          are not limited to divestitures of title or abandonment, the                
          taxpayer need not be a "party" to the events or transactions, and           
          the events or transactions need not directly involve the asset in           
          question.  Id. at 213.  The requirement of worthlessness is a "de           
          minimis rule that the taxpayer does not have to prove that a                
          given asset is absolutely, positively without any value                     
          whatsoever."  Echols v. Commissioner, 935 F.2d 703, 708 n.2 (5th            
          Cir. 1991), revg. and remanding 93 T.C. 553 (1989).  A taxpayer             
          must make a reasonable showing that the asset was in fact                   
          valueless to him at the time selected by the taxpayer--not that             
          its fair market value necessarily fell to or below zero in that             
          year.  Id. at 708.                                                          
               We decide this case without regard to the burden of proof.             
          Accordingly, we need not decide whether section 7491(a)(1) is               
          applicable in this case.  See Higbee v. Commissioner, 116 T.C.              
          438 (2001).                                                                 
               Respondent's position appears to be that no objective                  
          factors reflect completed transactions and identifiable events              
          that establish worthlessness of the covenants not to compete in             
          FYE March 31, 1996.  The Court disagrees.                                   








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