- 12 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011