James J. Lencke and Janene B. Lencke - Page 27

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          defaults, payment of interest, and sluggish business conditions.            
          Id.                                                                         
               Petitioners rely on the Christophers' poor financial                   
          condition as proof that the debt became worthless during 1990.              
          But the evidence of worthlessness upon which they rely is tenuous           
          at best.  For example, some of the factors which caused them to             
          consider the debt worthless in 1990 are:  (1) They heard rumors             
          the Christophers were experiencing financial problems in 1990 and           
          had sought help through various local charities; (2) they                   
          believed Mr. Christopher was "out of work" in 1990; (3) the                 
          Christophers sold their flower shop in 1991; (4) the                        
          Christophers' home was foreclosed after 1990; (5) the                       
          Christophers asked petitioners not to cash their checks; and (6)            
          the Christophers said they could not repay the debt.  However,              
          the test for worthlessness is objective, not subjective.  Redman            
          v. Commissioner, 155 F.2d 319, 320 (1st Cir 1946), affg. a                  
          Memorandum Opinion of this Court.  Petitioners' belief that the             
          Christophers were unable to pay their debt was based on                     
          subjective concerns rather than the objective view of the                   
          Christophers' financial inability to pay.  An examination of                
          the facts shows that petitioners had a significant hope for                 
          recovery of at least a portion of the amount loaned to the                  
          Christophers.  Although they discussed repayment of the $6,000              
          loan with the Christophers in December 1990, they did not                   
          persistently press them for payment.  The Christophers sold their           




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