Maurice E. John, Jr. and Jan E. John - Page 9

                                        - 9 -                                         
          portions of loans it had made to employees where the deductions             
          were taken because the employees had left the company.6                     
          Southwestern Life Ins. v. United States, 560 F.2d 627, 644 (5th             
          Cir. 1977).  Similarly, we find Evans’ job termination alone                
          insufficient to render petitioner’s debt wholly worthless.                  
          Whether the Loan Had Future Value                                           
               Petitioner also argues that the loan was worthless, as a               
          general matter, because Evans was insolvent.  Petitioner                    
          testified that Evans had no significant assets during the entire            
          8-year period he was employed by the Clinic and, consequently,              
          his chance of collecting his debt from Evans in the future was              
          “incredibly remote”.  We disagree.                                          
               First, we note that insolvency alone does not render a debt            
          worthless.  See Roth Steel Tube Co. v. Commissioner, 620 F.2d               
          1176, 1182 (6th Cir. 1980) (insolvency is merely an indicium of             
          uncollectibility), affg. 68 T.C. 213 (1977); see also Buchanan v.           
          United States, 87 F.3d 197, 200 (7th Cir. 1996) (a debt is not              
          worthless merely because the debtor is insolvent); Roussel v.               
          Commissioner, 37 T.C. 235, 245 (1961) (insolvency alone does not,           
          of itself, demonstrate worthlessness of a debt).                            
               Second, as respondent correctly points out, if Evans’                  
          alleged longstanding insolvency rendered the loan worthless, then           
          the loan was worthless before 1995.  A loan must have value,                


               6As part of its holding, the court also found that the                 
          insurance company should have made some attempt to enforce                  
          collection.  Southwestern Life Ins. v. United States, 560 F.2d              
          627, 644 (5th Cir. 1977).                                                   




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011