-240- and Partners, par. 4.02[1], at 4-15 (3d ed. 1997) (“Regardless of how broadly the term ‘property’ is defined under � 721, it is obvious that � 721 does not apply unless the person receiving the partnership interest surrenders something of value to the partnership.”). 2. Worthlessness of Debts Respondent argues that the $974 million in receivables from Generale Bank and the $79 million receivable from CLIS were worthless at the time of Generale Bank’s and CLIS’s contributions to SMP because the SMHC assets underlying them had no value. We agree. The parties agree that in determining whether the receivables (debts from SMHC’s perspective) were worthless when they were contributed to SMP, the principles of section 166(a)(1) apply by analogy.168 Under those principles, a debt becomes worthless when identifiable events clearly mark the futility of any hope of further recovery. See James A. Messer Co. v. Commissioner, 57 T.C. 848, 861 (1972). A worthless debt lacks both potential value and current liquid value. Id. Whether a debt has become worthless is a question of fact to be determined on the basis of objective factors, not on the taxpayer’s subjective judgment as to the worthlessness of the debt. 168 Sec. 166(a)(1) allows a deduction for any debt which becomes worthless within the taxable year.Page: Previous 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 Next
Last modified: May 25, 2011