Robert Charles Fohrmeister - Page 5

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          the worthlessness of a debt by offering proof of identifiable               
          events which establish that the debt will not be paid in the                
          future.  Therefore, a taxpayer's subjective opinion that a debt             
          is uncollectible, standing alone, is not sufficient evidence that           
          the debt is worthless.  Fox v. Commissioner, 50 T.C. 813, 822               
          (1968), affd. per curiam per order 25 AFTR 2d 70-891 (9th Cir.              
          1970).  Among the objective factors considered by courts to                 
          determine worthlessness are:  The debtor's earning capacity;                
          events of default, whether major or minor; insolvency of the                
          debtor; the debtor's refusal to pay; actions of the creditor in             
          pursuing collection, i.e., whether the creditor failed to take              
          collection action prior to claiming the deduction; subsequent               
          dealings between the parties; and lack of assets.  American                 
          Offshore, Inc. v. Commissioner, supra at 594-595.  No single                
          factor is conclusive.  Id. at 595.                                          
               We conclude that petitioner has failed to meet his burden of           
          proving the worthlessness of the debt during the year in                    
          question.  Petitioner presented scant evidence concerning Ms.               
          Laumbattus' ability to repay the loan in 1991 and took no legal             
          action in an attempt to collect on the debt.  Specifically,                 
          petitioner offered no evidence in regard to Ms. Laumbattus'                 
          solvency or diminished earning capacity.  Furthermore, no                   
          promissory note exists from which we could ascertain the nature             
          of Ms. Laumbattus' obligation or petitioner's remedies upon                 






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