- 10 - however, at the beginning of the year in which the taxpayer takes the deduction and lose its value by the end of that year. Sec. 166(a)(1); see also Dustin v. Commissioner, 53 T.C. 491, 501 (1969), affd. 467 F.2d 47 (9th Cir. 1972). Therefore, even assuming arguendo that the debt was worthless because of Evans’ insolvency, the insolvency was not related to any identifiable event in 1995. Additionally, petitioner’s argument that Evans’ insolvency rendered the loan uncollectible contradicts his testimony that he expected Evans to “work his tail off” at the Clinic to repay the loan, presumably from his salary, if the companies failed. Third, to qualify as worthless, not only must a debt be uncollectible at the time the taxpayer takes the deduction, but the taxpayer has the burden to show it also lacks future value. Dustin v. Commissioner, supra; Peraino v. Commissioner, T.C. Memo. 1982-524, affd. without published opinion 742 F.2d 1437 (2d Cir. 1983). Evans’ age, educational status, income, and earning potential are all relevant considerations in determining whether the loan had future value. See Cole v. Commissioner, 871 F.2d 64, 67 (7th Cir. 1989), affg. T.C. Memo. 1987-228; Dustin v. Commissioner, supra. Evans was in his forties in 1995 when the deduction was taken, he had an M.B.A. from Vanderbilt University, and he quickly found similar employment after leaving the Clinic. These criteria lead us to conclude the loan had at least some future value. Petitioner has not shown otherwise.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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