John S. and Christobel D. Rendall - Page 32

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          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) and              






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