- 26 - 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, minorPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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