Terry and Kathryn A. Roditski Dilozir - Page 9

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          loan and learned in 1993 that CGCC had recently filed for                   
          bankruptcy.  On Schedule D of their 1993 return, petitioners                
          claimed a long-term capital loss in the amount of $11,400                   
          relating to the demand note.                                                
               Upon examination, respondent allowed petitioners to claim              
          $5,700 of the $11,400 as a capital loss, representing the                   
          principal amount of the promissory note, and disallowed the                 
          remaining claimed loss in the amount of $5,700.  Respondent does            
          not dispute petitioners' characterization of the loss as a long-            
          term capital loss.                                                          
               Although petitioners did not claim the loss as a bad debt,             
          we believe the provisions of section 166 pertain to this                    
          transaction.  Section 166(b) provides that the basis for                    
          determining the amount of the deduction for any bad debt shall be           
          the adjusted basis provided in section 1011 for determining the             
          loss from the sale or other disposition of property.  The                   
          "adjusted basis" of property is the property's unadjusted basis,            
          adjusted as provided in section 1016.  Sec. 1011(a).  Typically,            
          a taxpayer's basis in property is the cost of that property.                
          Sec. 1012; sec. 1.1012-1(a), Income Tax Regs.  In this instance,            
          petitioners bear the burden of proving petitioner's basis in the            
          demand note.  Rule 142(a).                                                  
               Petitioners indicated a cost basis in the demand note in               
          the amount of $11,400.  At trial, petitioner explained that he              
          was entitled to increase his basis in the demand note for                   




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