- 36 - record that the stock became worthless until August 19, 1988, when the FHLBB placed Texana into receivership and appointed the FSLIC to liquidate Texana. Thus, if the year of worthlessness were in issue, every indication from the record, although sparse, is that the Texana Capital stock became worthless in 1988. 2. Basis Petitioners' basis in the Texana Capital stock is the amount petitioner paid for it. Sec. 1012. The amount he paid includes cash and other property given in exchange for the property and any liabilities petitioner assumed or to which the property is subject. Commissioner v. Tufts, 461 U.S. 300, 307 (1983); Crane v. Commissioner, 331 U.S. 1, 11 (1947). Petitioner bought 34,900 shares of Texana Capital stock for $199,600 on December 12, 1983. Petitioner borrowed $77,200 for the downpayment and executed notes for $106,795 and $15,605 to buy the stock. Respondent contends that petitioners have not proven that they had basis in the Texana Capital stock because they did not provide a copy of the $15,605 promissory note or other documentary evidence showing how much petitioner paid and that petitioner's only evidence of payment is his testimony. We may not arbitrarily disregard testimony that is competent, relevant, credible, and uncontradicted. Conti v. Commissioner, 39 F.3d at 664. We found petitioner's testimony to be generally credible.Page: 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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