Bruno and Francesca Tabbi - Page 30

                                       - 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 net                    






Page:  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