- 7 - pursuant to section 1366, nor are they entitled to a deduction pursuant to section 179.4 Petitioners also claimed a deduction for a long-term capital loss carryover from 1987 in the amount of $61,468. This carryover results primarily from two losses claimed by petitioners in 1987, which they attempt to carry forward to 1988. First, petitioners claimed a section 1231 loss of $66,850 for Vosburg on their 1987 Schedule K-1. In addition, they claimed a long-term capital loss of $8,566 on the March 11, 1987, sale of stock in the Chez Jacques Corp. According to the notice of deficiency in this case, these losses were disallowed by respondent during an audit of petitioners' 1987 tax return. Section 165(a) generally permits the deduction of losses sustained during the taxable year and not compensated for by insurance or otherwise. However, capital losses on the sale or exchange of capital assets are limited to the extent allowed under sections 1211 and 1212. Sec. 165(f). Subject to the limitations of section 1211,5 taxpayers can carry forward their 4Based on the record before us, we also question whether petitioners were even shareholders of Vosburg in 1988. Instead, it appears that the "Oliver Q. Foust and Talietha Foust Reversionary Trust" was the shareholder at that time. 5Sec. 1211 limits the amount of losses taxpayers can claim in any taxable year. Deductions for losses on the sale or exchange of capital assets are permitted only to the extent of the gain from such sales or exchanges, plus the lower of (1) $3,000 ($1,500 in the case of a married individual filing separately); or (2) the excess of such losses over such gains. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 Next
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