- 32 - evidence of worthlessness in 1997, petitioners must show that the $2 million loan had value at the beginning of 1997 and became worthless during that year. Milenbach v. Commissioner, 106 T.C. 184, 204 (1996), affd. in part, revd. in part on other grounds and remanded 318 F.3d 924 (9th Cir. 2003). The determination depends upon the particular facts and circumstances of each case, although, generally, “the year of worthlessness is fixed by identifiable events that form the basis of reasonable grounds for abandoning any hope of recovery.” Id. at 204-205; see also Estate of Mann v. United States, 731 F.2d 267, 276 (5th Cir. 1984); Dallmeyer v. Commissioner, 14 T.C. 1282, 1291-1292 (1950). A taxpayer must provide evidence of lack of potential as well as liquid value by yearend, and the taxpayer’s unsupported opinion that the debt became worthless in a particular year, by itself, will not normally be accepted as proof of worthlessness. See Dustin v. Commissioner, 53 T.C. 491, 501-502 (1969), affd. 467 F.2d 47 (9th Cir. 1972). B. Analysis 1. Introduction In support of their entitlement to a 1997 bad debt deduction for the worthlessness of the $2 million loan, petitioners argue that, as of December 31, 1997: (1) Solv-Ex was in bankruptcy in both the United States and Canada; (2) it had committed to sell all of its Canadian operating assets (plant and equipment) andPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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