- 105 - 1972, through March 21, 1973, petitioner reported 100 percent ownership of Diesel Power's voting stock on an Information Return with Respect to Controlled Foreign Corporation (Form 2952) filed with the Internal Revenue Service. Diesel Power's foreign commission deposits from the Bank of America in New York City, combined with the retained earnings and amounts due shareholders on the Diesel Power financial statements, show that during its fiscal year ending March 20, 1975, retained earnings and profits exceeded $5 million. VI. Claimed Capital Losses for 1978 and 1979 Petitioner claimed capital losses for 1978 and 1979. On his 1978 Federal income tax return petitioner reported a short-term capital loss of $15,767 from the sale of commodity futures. He deducted $3,000 of the reported loss and carried over to his 1979 return a loss of $12,767. For 1979 he applied the short-term capital loss carryover of $12,767 against a short-term capital gain of $7,500. In 1979 he also reported a net long-term loss of $8,229 from small business corporations. He deducted $3,000 of the claimed net losses in 1979. In the notice of deficiency for 1978 and 1979 respondent disallowed the claimed losses and determined that petitioner was required to include the $7,500 short-term gain in his 1979 taxable income. Respondent disallowed the losses because petitioner did not establish that they were incurred, nor didPage: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
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