- 4 - by filing an amended U.S. Individual Income Tax Return, Form 1040X, and claimed a refund for 1986. In the notice of deficiency, the Commissioner determined that petitioner was not in the business of constructing and selling houses. As a result, petitioner's claimed $179,596 ordinary loss was recharacterized as a capital loss. Because section 12112 limits the deductibility of capital losses of individual taxpayers to $3,000 a year, respondent also denied the claimed net operating loss carryback deduction. The parties have stipulated that if respondent's determination is sustained, petitioner's taxable income for 1986 must be increased by $73,967. The parties have also stipulated as to certain other adjustments that were taken into account in the deficiency notice. Section 165(a) generally allows taxpayers to deduct any losses sustained during the taxable year that are not compensated for by insurance or otherwise. Section 165(c) limits the scope of this deduction for individuals. Petitioner claims that the deduction in controversy is an ordinary loss, allowable under section 165(c)(1) as a loss "incurred in a trade or business." If a loss is characterized as capital, however, it is subject to even stricter treatment than ordinary losses under the 2 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011