Alfred C. Heston - Page 11

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          Whether an affirmative act to abandon has taken place is                    
          determined from all the facts and surrounding circumstances.                
          United Calif. Bank v. Commissioner, 41 T.C. 437, 451 (1964),                
          affd. per curiam 340 F.2d 320 (9th Cir.1965).                               
               In this case, the record is not clear as to when or even if            
          Geotech abandoned its investment.  From the record, it appears              
          that Geotech may have abandoned its investment in 1989 when                 
          petitioner demanded a return of his investment, a similar                   
          investment or stock in Geotech.  If this is the situation,                  
          petitioner should have taken a deduction, if any was allowable,             
          in 1989, not in 1991.  Based on the record in this case, we hold            
          that petitioner has not proved he is entitled in 1991 to a                  
          deduction resulting from an abandonment of the Rio Blanco lease.            
               Accordingly, we hold that petitioner is not entitled to an             
          ordinary loss in the amount of $18,750, in connection with his              
          investment in Geotech.                                                      
               To reflect the foregoing and concessions,                              
                                             Decision will be entered                 
                                             for respondent.                          














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