- 11 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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