- 16 - Estate v. Commissioner, 216 F.2d 548, 549-50 (10th Cir. 1954), affg. a Memorandum Opinion of this Court. A taxpayer must generally show that identifiable events occurred to render the debt worthless during the year in which the taxpayer claimed the deduction. Am. Offshore, Inc. v. Commissioner, 97 T.C. 579, 593 (1991). Some objective factors include declines in the value of property securing the debt, the debtor’s earning capacity, events of default, the obligor’s refusal to pay, actions the obligee took to pursue collection, subsequent dealings between the obligee and obligor, and the debtor’s lack of assets. Id. at 594. No single factor is conclusive. Id. Petitioner has shown that a series of specific, identifiable events occurred during 1995 that, when taken together, rendered the Properties loan worthless. See id. at 593. The most important of these events was the failure of the expected source for repayment of the Properties loan, the G&K purchase. Bottlers anticipated that Properties would own the bottling facilities for only a short time while G&K prepared to buy them. When G&K could no longer buy the facilities, the structure became untenable. Another event that contributed to the worthlessness of the Properties loan was that Bottlers opted not to pay Properties a portion of the rent for valid business reasons, rendering it impossible for Properties to pay Bottlers the principal on thePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011