- 18 - at the end of 1991 but only that they did not wish to bear the risk associated with any further investment. E. Conclusion Petitioners have failed to prove that RTA’s claim against EDS and its shareholders was speculative or wholly without merit. RTA instigated a lawsuit, which, at least initially, it prosecuted diligently and, in any event, eventually settled on favorable terms. We believe that the evidence does not establish a closed and completed transaction with respect to the TTS investment in 1991 because there was a reasonable prospect of recovery on the lawsuit at the end of 1991. Accordingly, no loss deduction is allowable to RTA for 1991. V. Conclusion We have concluded that RTA did not suffer a deductible loss with respect to the TTS during 1991. Therefore, no deductible loss may be passed through to the shareholders in that year. Respondent’s determinations of deficiencies in the shareholders’ Federal income tax liabilities are sustained. Decisions will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Last modified: May 25, 2011