Alton W. Burns and Pamela Burns - Page 12

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            within the precise terms of the statute.  New Colonial Ice Co. v.                            
            Helvering, 292 U.S. 435, 440 (1934).                                                         
                  To be entitled to a deduction for a loss or a bad debt for                             
            any taxable year, petitioners must establish that their                                      
            transaction fits within the parameters of section 165 or section                             
            166.  Section 165 allows a deduction for any loss sustained by a                             
            taxpayer which is not compensated by insurance or otherwise.  In                             
            the case of individuals, this deduction is limited to losses                                 
            incurred in a trade or business, losses incurred in a for-profit                             
            transaction, and casualty or theft losses.  Sec. 165(a), (c).                                
            The adjusted basis for the loss deduction is determined under                                
            section 1011.  A loss must be evidenced by closed and completed                              
            transactions, fixed by identifiable events, and actually                                     
            sustained during the taxable year.  Sec. 1.165-1(b), Income Tax                              
            Regs.                                                                                        
                  The amount of loss allowable under section 165 shall not                               
            exceed the taxpayer's basis in the asset.  Fisher v.                                         
            Commissioner, T.C. Memo. 1986-141; sec. 1.165-1(c), Income Tax                               
            Regs.  The taxpayer bears the burden of proving the amount of the                            
            taxpayer's basis in the asset.  Millsap v. Commissioner, 46 T.C.                             
            751, 760 (1966), affd. 387 F.2d 420 (8th Cir. 1968).  A loss                                 
            cannot be computed where the taxpayer's basis in the property is                             
            not proven.  Fisher v. Commissioner, supra.                                                  
                  As mentioned, petitioners now concede that 1985 was not the                            
            proper year to claim the $205,029 deduction.  With respect to the                            




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