Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 165

                                        -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.                                  





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