Walter E. Hess and Helen L. Hess - Page 18

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               We disagree with petitioner's claim that he may deduct his             
          reported loss of $170,040.  An individual may deduct an uninsured           
          loss sustained during the taxable year if the loss was incurred:            
          (1) In a trade or business or a for-profit transaction or (2) on            
          account of a casualty or theft.  Sec. 165(a), (c).  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; see also                  
          sec. 1.165-1(d)(1), Income Tax Regs.  The deduction for a loss is           
          limited to the individual's basis in the underlying asset, as               
          determined under section 1011, see sec. 165(b); Leighton v.                 
          Commissioner, T.C. Memo. 1995-515, affd. without published                  
          opinion 108 F.3d 332 (5th Cir. 1997); Fisher v. Commissioner,               
          T.C. Memo. 1986-141; sec. 1.165-1(c), Income Tax Regs., and the             
          individual bears the burden of proving his or her basis,                    
          Millsap v. Commissioner, 46 T.C. 751, 760 (1966), affd. 387 F.2d            
          420 (8th Cir. 1968).  A loss cannot be computed where the                   
          individual's basis in the asset is not proven.  Towers v.                   
          Commissioner, 24 T.C. 199, 239 (1955), affd. on other grounds sub           
          nom. Bonney v. Commissioner, 247 F.2d 237 (2d Cir. 1957); Heckett           
          v. Commissioner, 8 T.C. 841 (1947); see also Fisher v.                      
          Commissioner, supra.                                                        









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