Investment Research Associates - Page 529




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               In summary, we hold that IRA is not entitled to bad debt                
          deductions for partial worthlessness of the notes receivable in              
          1987.                                                                        
          Issue 28.  Whether IRA Is Entitled to Certain Capital Losses for             
          1987                                                                         
                                   FINDINGS OF FACT                                    
               On its Federal income tax return for 1987, IRA reported                 
          capital losses as follows:                                                   
                                              Gross                                    
                         Date      Date       Sale                                     
          Description     Acquired     Sold   Price      Basis     Loss                
          Int'l Films (IFI)   8/2/761987       --        $65,000    ($65,000)           
          Brickell Biscayne     198312/22/87   $1,000    176,073    (175,073)           
          Sandberg Village     197912/22/87    1,000    492,691    (491,691)           
          1984 Devel. Ltd.     198212/22/87    1,000    23,862     (22,862)            
          Total                                   3,000 757,626    (754,626)           
               In the notice of deficiency, respondent disallowed the                  
          claimed capital losses on the grounds that IRA did not establish             
          its basis in the assets sold or disposed of, IRA did not                     
          demonstrate that the transactions had any substance, and the                 
          sales were to a related party and were subject to section 267,               
          which disallows losses between related parties.                              
               IRA's records reflect that it sold its 1,500 shares of IFI              
          stock to Gallenberger for $1 on September 28, 1988.  An entry                
          recording the September 1988 sale to Gallenberger was made on                
          IRA's 1988 ledger.  Subsequently, adjusting journal entries were             
          made to IRA's books and records to reverse the 1988 entry as a               
          sale of the stock and to reflect on IRA's books a writeoff of the            






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