Oliver Q. Foust and Talietha Foust - Page 7

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            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...)                 




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