- 27 - 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 theirPage: 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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