Richard A. and Carol B. Little - Page 35

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               In the notice of deficiency, respondent calculated the                 
          amount of petitioners' Texana Capital stock loss by subtracting             
          what respondent determined petitioners' basis to be (zero) from             
          the amount petitioners deducted ($199,600).  Respondent gives no            
          reason for making this calculation if respondent was intending to           
          challenge the timing of petitioners' deduction.  Respondent also            
          determined that petitioners did not establish that the amount               
          deducted "was (a) a loss, and (b) sustained by you."  Respondent            
          describes the determination as "broadly worded".  While the                 
          language in the previous sentence is broad, the notice of                   
          deficiency also included the computation described earlier in               
          this paragraph.  As we concluded above regarding the Dondi                  
          Financial stock, we conclude that the notice of deficiency                  
          challenged petitioners' basis in their Texana Capital stock, but            
          not that it became worthless in 1988.  See par. A-4, p. 15.                 
          Thus, we need not address respondent's argument on brief that               
          petitioners did not prove that their Texana Capital stock became            
          worthless in 1988.                                                          
               If we had to decide whether 1988 was the year in which                 
          petitioners' Texana Capital stock became worthless, however, we             
          would find that 1988 was the appropriate year.  In February 1987,           
          petitioner agreed to sell his Texana Capital stock.  Although a             
          final agreement was never executed, petitioners would have made a           
          $44,000 profit on the sale.  This suggests that the Texana                  
          Capital stock had value in 1987.  There is no indication in the             




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