Investment Research Associates - Page 402




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          is non-use alone, sufficient to accomplish abandonment."  Beus v.            
          Commissioner, 261 F.2d 176, 180 (9th Cir. 1958), affg. 28 T.C.               
          1133 (1957).  Abandonment of a partnership interest should be                
          accompanied by some express manifestation, and the need to                   
          manifestly express the intent to abandon is especially important.            
          See Citron v. Commissioner, supra at 209-210.                                
          II.  The Parties' Contentions                                                
               Kanter contends on brief:                                               
               respondent appeared to concede during trial that the                    
               sole remaining grounds supporting respondent's                          
               disallowance of the bad debt and loss deductions were:                  
                    (i) Whether funds disbursed from the                               
               Administration Co. "Special E" account or from other                    
               nominee accounts in fact belonged to Kanter * * * (the                  
               "Special E Issue"); and                                                 
                    (ii) Whether assets which were written-off or sold                 
               were in fact "worthless".                                               
               *      *      *      *      *      *      *                             
               Petitioners believe that respondent's concessions                       
               should be interpreted as follows:                                       
                    (i) where an asset with a substantial cost basis                   
               was sold for $1, $10, or for substantial consideration,                 
               the remaining issue is whether the asset was worth no                   
               more than the selling price; and                                        
                    (ii) where an asset was written-off as a bad debt                  
               or worthless security, the remaining issue is whether                   
               the asset was worthless.                                                
          Kanter argues further that he substantiated and is entitled to               
          the basis and capital losses claimed on his 1987 Federal income              
          tax return.  Alternatively, he argues that, if the Court holds               






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