- 10 - "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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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