- 5 - 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 uponPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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