Oak Harbor Freight Lines, Inc. - Page 5




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          issuing State and the ability of the holder to limit competition            
          by exercising its right to intervene in the application process.            
          The FAAAA eliminated the holders' right to intervene and oppose             
          applications for new operating authorities.                                 
               The parties agree that one effect of the FAAAA was to render           
          worthless petitioner's pre-1995 operating authorities, which                
          resulted in petitioner's sustaining an ordinary loss of $520,677.           
          Discussion                                                                  
               The only issue in this case is whether petitioner sustained            
          the loss from the worthlessness of its pre-1995 intrastate                  
          operating authorities during 1994 or during 1995.  Petitioner               
          asserts that the operating authorities became worthless during              
          1994.  Respondent determined that petitioner sustained the loss             
          during 1995.                                                                
               Section 165(a) allows a deduction for any loss sustained               
          during the taxable year and not compensated for by insurance or             
          otherwise.  To be allowable as a deduction under section 165(a),            
          a loss must be evidenced by closed and completed transactions,              
          fixed by identifiable events, and actually sustained during the             
          taxable year.  Substance and not mere form shall govern in                  
          determining a deductible loss.  See Cottage Sav. Association v.             
          Commissioner, 499 U.S. 554, 567-568 (1991); Boehm v.                        
          Commissioner, 326 U.S. 287, 292 (1945); sec. 1.165-1(b), (d)(1),            
          Income Tax Regs.                                                            





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