John T. Barrett, Jr. and Jane W. A. Barrett - Page 25

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          return in 1993, but petitioners concede that the amended return             
          was not filed until after respondent issued the statutory notice            
          determining the deficiencies in the instant case.                           
               Furthermore, petitioners did not properly elect out of the             
          installment method for purposes of reporting the sale of the                
          shares, nor did they properly report the sale on that method.               
          Petitioners claim that petitioner made a good faith effort to               
          ascertain the worthlessness of the note and that his effort                 
          should be sufficient to show that he was not negligent.  However,           
          petitioner’s conclusion as to the worthlessness of the note was             
          based on little other than his subjective opinion, which is                 
          insufficient to sustain a deduction.  Fox v. Commissioner, 50               
          T.C. at 822.                                                                
               On Schedule D of their 1990 return, petitioners reported a             
          long-term capital loss with respect to the note in the amount of            
          $29,945, calculated by subtracting the face amount of the note,             
          $166,361, from a basis of $196,306.  Petitioners’ basis in the              
          shares was only $116,504.  Petitioners have not attempted to                
          explain how they established the claimed basis in the note or to            
          otherwise justify the amount and nature10 of the loss claimed.              


          10                                                                          
               Petitioners argue that the note became worthless during                
          1990; however, the Code provides for the treatment of a worthless           
          debt as a deduction, sec. 166(a), or, in the case of a                      
          nonbusiness bad debt, as a short-term capital loss, sec. 166(d).            
          Petitioners have not attempted to reconcile their argument with             
          the position taken on their 1990 return.                                    




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