- 42 - 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 thePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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