James J. Lencke and Janene B. Lencke - Page 26

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          1.166-5(a)(2), Income Tax Regs; Andrew v. Commissioner, 54 T.C.             
          239, 245 (1970).  Whether a debt has become worthless within a              
          particular year is a question of fact, Perry v. Commissioner, 22            
          T.C. 968, 973 (1954), to be determined on the basis of objective            
          factors, not on the taxpayer's subjective judgment as to the                
          worthlessness of the debt.  Fox v. Commissioner, 50 T.C. 813, 823           
          (1968), affd. per curiam without published opinion 25 AFTR 2d 70-           
          891, 70-1 USTC par. 9373 (9th Cir. 1970).  Generally, the year of           
          worthlessness must be fixed by identifiable events which form the           
          basis of reasonable grounds for abandoning any hope of recovery.            
          Crown v. Commissioner, 77 T.C. 582, 598 (1981).                             
               The Court of Appeals for the Seventh Circuit has set forth             
          some of the relevant factors to be considered in determining                
          whether a debt is worthless.  These factors include the debtor's            
          serious financial reverses, insolvency, lack of assets,                     
          persistent refusals to pay on demand, ill health, death,                    
          disappearance, abandonment of business, bankruptcy, and                     
          receivership, as well as the debt's unsecured and subordinated              
          status and expiration of the statute of limitations.  Cole v.               
          Commissioner, 871 F.2d 64, 67 (7th Cir. 1989), affg. T.C. Memo.             
          1987-228.  Some of the factors indicating that a debt is not                
          worthless are the creditor's failure to pursue payment                      
          (especially if the debtor is a relative or friend), willingness             
          to make further advances, availability of collateral or                     
          guarantees by third parties, the debtor's earning capacity, minor           




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