Charles A. Buda and Annette H. Buda - Page 7




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          make a section 333 election.  Accordingly, petitioners must                 
          recognize the gain relating to MOC's liquidation.                           


          III. Abandonment Loss                                                       
               Respondent disallowed petitioners' 1988 abandonment loss               
          because petitioners failed to establish that MOC abandoned the              
          wave pool equipment in that year.  Section 165(a) permits a                 
          deduction for any loss sustained during the taxable year that is            
          not compensated for by insurance or otherwise.  To be entitled to           
          an abandonment loss, petitioners must prove an intent to abandon,           
          coupled with an act of abandonment.  See Massey-Ferguson, Inc. v.           
          Commissioner, 59 T.C. 220, 225 (1972).  The loss is allowed for             
          the year in which the act of abandonment takes place.  See sec.             
          1.165-1(d)(1), Income Tax Regs.                                             
               MOC may have abandoned the wave pool equipment in 1984                 
          (i.e., the year MOC dismantled, moved, and attempted to sell the            
          equipment) but did not abandon the equipment in 1988--the year              
          the loss was reported.  Accordingly, petitioners are not entitled           
          to an abandonment loss.                                                     
               All other contentions are irrelevant or moot.                          
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                             for respondent.                          






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