- 564 - With respect to the purported sales of notes receivable to MAF in 1987, IRA failed to establish that the sales of the notes were in substance bona fide sales that gave rise to bona fide losses. IRA failed to establish that any of these notes became wholly or partially worthless in 1987. OPINION IRA again makes the same arguments that were made with respect to Issue 21; namely, that (1) certain statements by respondent's counsel at trial are "concessions"; (2) IRA substantiated its basis and is entitled to the ordinary losses claimed; and (3) alternatively, if the Court holds either that (a) the transactions were not bona fide transactions for tax purposes, or (b) no loss is allowable under section 267 because the sales were to a related party, IRA is still entitled to deductions for partial worthlessness under section 166(a)(2). Respondent, on the other hand, contends that IRA failed to meet its burden of proof on this issue. We agree with respondent for several reasons. The facts pertaining to the sales of these notes parallel the facts considered in Issue 21, wherein Kanter individually sold notes,Page: Previous 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 Next
Last modified: May 25, 2011