Investment Research Associates - Page 401




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          transactions between an individual and a corporation in which                
          such individual owns, directly or indirectly, more than 50                   
          percent in value of the outstanding stock.  Other provisions of              
          the statute define "related persons", and other rules define what            
          constitutes direct and indirect ownership of corporate stock.                
               In Hickman v. Commissioner, T.C. Memo. 1972-208, this Court             
          stated that section 267(b)(2) and (c)(1) "contemplate valuing the            
          stock interest owned by or for an individual, whether outright or            
          in trust for his benefit, without detracting from the value of               
          the stock because it is indirectly owned rather than directly                
          owned.  If the section is to apply equally to indirect and direct            
          ownership, this must be the case."                                           
          C.  Abandonment Loss                                                         
               To be entitled to an abandonment loss under section 165, a              
          taxpayer must show:  (1) An intention on the part of the owner to            
          abandon the asset, and (2) an affirmative act of abandonment.                
          See Citron v. Commissioner, 97 T.C. 200, 208-209 (1991), and                 
          cases cited therein.  An affirmative act to abandon must be                  
          ascertained from all the facts and circumstances, see United Cal.            
          Bank v. Commissioner, 41 T.C. 437, 451 (1964), affd. per curiam              
          340 F.2d 320 (9th Cir. 1965), and "the Tax Court [is] entitled to            
          look beyond the taxpayer's formal characterization",  Laport v.              
          Commissioner, 671 F.2d 1028, 1032 (7th Cir. 1982), affg. T.C.                
          Memo. 1980-355.  "The mere intention alone to abandon is not, nor            






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