- 30 - argue that they had a $33,809 ordinary loss and a $13,278 capital loss in 1987 from their investment in Americana. In the alternative, they argue that they had a $47,087 capital loss in 1987. Gain or loss upon the disposition of an asset is computed by comparing the amount received with the taxpayer's basis in the asset. Secs. 1001, 1011. Petitioners failed to prove their basis in Americana. Petitioners contend that their total investment in Americana was $50,702 ($9,800 that petitioner husband deposited in Americana's account, plus $5,000 paid for capital stock, $500 loaned to Americana, and $35,402 for amounts petitioner husband paid the Mazzolas), minus $3,615 credited by respondent for petitioners' basis in Americana, for a net investment of $47,087. There is no evidence to support petitioners' position, e.g., no canceled checks. Their only evidence of their investment in the corporation was a listing of $5,000 in capital stock, and loans from stockholders of $499.71 on Americana's 1986 return and $459.99 on its 1987 return. This evidence is not sufficient to substantiate their basis in Americana. Cf. Wilkinson v. Commissioner, 71 T.C. 633, 639 (1979); Halle v. Commissioner, 7 T.C. 245, 249-250 (1946), affd. 175 F.2d 500 (2d Cir. 1949). Petitioners claim that they may deduct business interest of $2,660 for payments to the Mazzolas, and Americana's netPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011