- 456 - 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 holdsPage: Previous 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 Next
Last modified: May 25, 2011