- 455 - 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, norPage: Previous 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 Next
Last modified: May 25, 2011