Maurice E. John, Jr. and Jan E. John - Page 13

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          W. R.R. v. Commissioner, 32 T.C. 43, 56 (1959), affd. 279 F.2d              
          368 (10th Cir. 1960).                                                       
               While a taxpayer need not be an “incorrigible optimist”, a             
          taxpayer may not substantiate the worthlessness of a debt based             
          on his or her own pessimism.  Petitioner must provide sufficient            
          evidence to meet his burden to show that the debt was worthless             
          and not merely surmise that collection would be futile.  See                
          United States v. S.S. White Dental Manufacturing Co., 274 U.S.              
          398 (1927); Fox v. Commissioner, 50 T.C. 813 (1968) (a taxpayer’s           
          subjective, good faith opinion that the debt is uncollectible,              
          standing alone, is not sufficient to render it worthless), affd.            
          per curiam 25 AFTR 2d 70-891, 70-1 USTC par. 9373 (9th Cir.                 
          1970).  Evans’ future earning potential was indicative of his               
          ability to repay at least a portion of the debt.  Nor can                   
          petitioner rely on his good nature in not wanting to destroy                
          Evans financially to prove that the debt was worthless.  We find,           
          therefore, that petitioner has not shown that steps to enforce              
          collection in 1995 would have been futile.  See Perry v.                    
          Commissioner, supra at 974; Newman v. Commissioner, supra.                  
          Conclusion                                                                  
               We hold that the debt did not become “wholly worthless”                
          within the meaning of section 166(a)(1) in 1995.  Consequently,             
          petitioners are not entitled to a bad debt deduction, and we                
          sustain respondent’s disallowance of the claimed bad debt                   
          deduction.  In view of our holding that petitioners failed to               
          prove worthlessness in 1995, we need not discuss whether the debt           





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