IN RE LANDBANK EQUITY CORP.

No. 91-1780.

973 F.2d 265 (1992)

In re LANDBANK EQUITY CORPORATION, a Virginia Corporation, Debtor. INTERNAL REVENUE SERVICE, Plaintiff-Appellant, v. Laurence H. LEVY, Trustee, Defendant-Appellee, Debera F. Conlon, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 14, 1992.

As Amended October 27, 1992.


Attorney(s) appearing for the Case

Janet Kay Jones, Tax Div., U.S. Dept. of Justice, Washington, D.C., argued (James A. Bruton, Acting Asst. Atty. Gen., Gary R. Allen, Gary D. Gray, Tax Div., U.S. Dept. of Justice, Washington, D.C., Richard Cullen, U.S. Atty., Norfolk, Va., on brief), for plaintiff-appellant.

David Huntington Adams, Clark & Stant, P.C., Virginia Beach, Va., argued (Donna J. Hall, Michelle P. Burchett, on brief), for defendant-appellee.

Before PHILLIPS and NIEMEYER, Circuit Judges, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.


OPINION

NIEMEYER, Circuit Judge:

In this appeal we are asked to decide whether the fact that a dispute over a tax deduction for bad debt losses under 26 U.S.C. § 166 arises in the context of a bankruptcy proceeding reverses the long-established requirement that the taxpayer bears a burden of proving that the debt became worthless in the particular year in which the deduction was taken. See Belser v. Commissioner, 174 F.2d 386...

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