Terry and Kathryn A. Roditski Dilozir - Page 10

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          "opportunity cost".  In this regard, petitioner argues that his             
          basis in the note, for the purpose of determining loss from the             
          transaction, should include not only the unpaid principal as                
          allowed by respondent, but also the interest which CGCC should              
          have paid to petitioner under the terms of the note.  Petitioners           
          cite no case or statute to support this position.  We find that             
          petitioners have failed to establish that petitioner's basis in             
          the note was greater than $5,700, the amount determined by                  
          respondent.4  Rule 142(a).  We, therefore, sustain respondent on            
          this issue.                                                                 
               (b)  Sale of the Simsbury Property                                     
               During the 1993 tax year, Mr. Kostochko, in the capacity of            
          trustee, sold property located at 48 Country Road, Simsbury,                
          Connecticut, for the amount of $69,700.  Petitioner and Mr.                 
          Kostochko maintain that they shared equal ownership in the                  
          property as partners.5  On Schedule D of their 1993 return,                 
          petitioners indicated that petitioner's share of the sale                   


               4  We also note that a taxpayer cannot claim a deduction               
          with respect to a worthless debt arising from unpaid wages,                 
          salaries, fees, rents, and similar items of income which have not           
          been reported by the taxpayer as income.  Sec. 1.166-1(e), Income           
          Tax Regs.  This principle applies to interest owed to a taxpayer            
          but never reported as income.  W.L. Moody Cotton Co. v.                     
          Commissioner, 2 T.C. 347, 353-357 (1943), affd. 143 F.2d 712 (5th           
          Cir. 1944).  Therefore, we could sustain respondent's                       
          determination on this basis as well.                                        
               5  There is no partnership tax return or partnership                   
          agreement in the record.  We assume that the parties were co-               
          owners of the property in question.                                         




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