Nathanael Roman - Page 25

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          relationship exists is a question of fact to be determined upon a           
          consideration of all the pertinent facts and circumstances.                 
          Fisher v. Commissioner, 54 T.C. 905, 909 (1970).  An essential              
          consideration is whether there exists a good faith intent on the            
          part of the alleged creditor to enforce repayment and a good                
          faith intent on the part of the alleged debtor to make repayment.           
          See id.                                                                     
               The following factors have been taken into account by this             
          Court and other courts in determining whether such a good faith             
          intention of repayment exist:  (1) Whether a note or other                  
          evidence of indebtedness exists, Clark v. Commissioner, 18 T.C.             
          780, 783 (1952), affd. 205 F.2d 353 (2d Cir. 1953); (2) whether             
          interest is charged, id.; (3) whether there is a fixed schedule             
          for repayments, id.; (4) whether a demand for repayment has been            
          made, Zimmerman v. United States, 318 F.2d 611, 613 (9th Cir.               
          1963); and (5) whether at the time the loan was allegedly made              
          the alleged borrower had the ability to repay it, Jewell Ridge              
          Coal Corp. v. Commissioner, 318 F.2d 695, 699 (4th Cir. 1963),              
          affg. T.C. Memo. 1962-194.                                                  
               In general, the determination of whether a debt is worthless           
          is a question of fact, and all pertinent evidence must be consid-           
          ered, including the value of collateral, if any, securing the               
          debt and the financial condition of the debtor.  Sec. 1.166-2(a),           
          Income Tax Regs.                                                            
               Section 166(b) provides that the amount of the deduction for           




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