John S. and Christobel D. Rendall - Page 42

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          least a portion of the $2 million loan.  Petitioners have not               
          provided credible evidence of worthlessness.                                
               Because we hold that petitioners have failed to provide                
          credible evidence that the $2 million loan became worthless in              
          1997, it necessarily follows that petitioners are entitled to               
          neither a $2 million nonbusiness bad debt deduction nor a $2                
          million business bad debt deduction for the alleged worthlessness           
          arising in 1997.                                                            
          V.  Worthless Stock Loss                                                    
          A.  Law                                                                     
               Section 165(g)(1) provides that, if any security that is a             
          capital asset becomes worthless during the taxable year, the                
          resulting loss shall be treated as a loss from the sale or                  
          exchange of a capital asset.  Section 165(g)(2)(A) provides that            
          the term “security” includes stock in a corporation.                        
               The principles for establishing the worthlessness of stock             
          in a particular taxable year are virtually identical to the                 
          principles for establishing a worthless debt.  Those principles             
          are succinctly set forth in Morton v. Commissioner, 38 B.T.A.               
          1270, 1278-1279 (1938), affd. 112 F.2d 320 (7th Cir. 1940), as              
          follows:                                                                    
                    The ultimate value of stock, and conversely its                   
               worthlessness, will depend not only on its current                     
               liquidating value, but also on what value it may                       
               acquire in the future through the foreseeable                          
               operations of the corporation.  Both factors of value                  
               must be wiped out before we can definitely fix the                     





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