- 5 - After a review of the record, we conclude that petitioners are not entitled to an ordinary loss deduction under section 1244 in the amount of $32,500 for their purported Bis stock. Aside from petitioner's self-serving testimony, petitioners offered no documentary evidence to establish that the purported Bis stock qualifies as section 1244 stock, and that petitioners ever paid for or received any Bis stock. Petitioner admitted that they have no records in their possession, i.e., stock certificates or canceled checks, to establish their ownership and basis in Bis. In their 1993 return, petitioners stated that the Bis stock was purchased with cash. At trial, when asked whether petitioner invested by check or by cash, he could not recall exactly but stated that some payments were by checks and that he did not "think" any cash was involved. At trial, petitioner stated that he had one partner. The correspondence from his attorney at the time of the formation of Bis indicated that there were four investors. Moreover, even if petitioners had established that they owned section 1244 stock, there is no evidence in the record to establish when such stock became worthless or that it was worthless in 1993. Petitioner contends that Bis incurred the loss when it forfeited a $60,000 security deposit given to the Warwick Hotel to secure the lease. However, petitionerPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011