Antonio and Francesca Pecora - Page 3

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          1244 stock in the amount of $32,500.  Petitioners reported Bis as           
          the name of the corporation that issued the section 1244 stock.             
          Although petitioners reported that the stock was purchased with             
          cash, the number of shares issued to petitioners and the par                
          value per each share were not listed.                                       
               Section 61 provides that gross income means all income from            
          whatever source derived, including interest income.  Sec.                   
          61(a)(4).  Petitioner contends that although the bank accounts              
          listed the names of both petitioners and their Social Security              
          numbers, they were held by petitioners for the benefit of their             
          children.                                                                   
               The record does not show that petitioners were not the                 
          beneficial, as well as the legal, owners of these accounts.  Thus           
          any interest earned from these accounts belongs to petitioners              
          and must be reported as interest income by petitioners.  Sec.               
          61(a)(4).                                                                   
               Section 165(g)(1) and (2)(A) generally provides that a                 
          taxpayer realizes a capital loss when stock that is a capital               
          asset becomes worthless.  Section 1244(a) provides a limited                
          exception to this general rule in that it allows an individual              
          taxpayer to treat a loss on "section 1244 stock" as an ordinary             
          loss where it would otherwise be treated as a loss from the sale            
          or exchange of a capital asset.  The aggregate amount of the loss           
          that may be treated as an ordinary loss under section 1244 cannot           





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