- 25 - 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 forPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011