- 35 - 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 thePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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