- 10 - 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 the worthlessness of the debt.” Sec. 1.166-2(b), Income Tax Regs. No deduction is allowed for a debt so long as any part of the debt is recoverable during the taxable year. Sec. 1.166-5(a)(2), Income Tax Regs. Petitioner contends that he has a valid and enforceable claim against Ms. Thiellesen under the equitable doctrine of unjust enrichment, and that this claim was wholly worthless in the year 2000.11 On the other hand, respondent contends that petitioner only has an unadjudicated and unliquidated claim against Ms. Thiellesen because he failed to obtain a judgment against her.12 Respondent further contends that, if the Court finds that petitioner has a legal claim against Ms. Thiellesen, the claim was not wholly worthless because petitioner could recover the truck from Ms. Thiellesen under a constructive 11 Petitioner seeks restitution on the basis of unjust enrichment, which is a form of equitable relief. See Dumas v. Auto Club Ins. Association, 473 N.W.2d 652, 663 (Mich. 1991); Restatement, Restitution, sec. 1 (1937). 12 Generally, a claim arising out of a breach of contract, prior to being reduced to judgment, does not create such a debtor-creditor relationship because the injured party has only an unliquidated claim for damages. Lewellyn v. Elec. Reduction Co., 275 U.S. 243, 246 (1927); Proesel v. Commissioner, 77 T.C. 992, 1002 (1981) (and cases cited therein).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011