- 43 - II. Worthless Stock Deductions A. Deduction Claimed on FYE May 31, 1992, Return We now consider whether petitioner’s shares of G�nther’s stock were worthless as of May 31, 1992. Petitioner claimed a worthless stock deduction for FYE May 31, 1992, in an amount equal to its basis27 in its G�nther shares as of May 31, 1992. Petitioner asserts that it is entitled to the deduction under section 165 because the shares became worthless during FYE May 31, 1992. Respondent asserts that petitioner has failed to prove its shares of G�nther’s stock became worthless. 27In both its opening and reply briefs, petitioner asserted it was entitled to claim an increased worthless stock deduction in the event we held that items constituting the intercompany account balance were capital contributions. Respondent did not dispute that such capital contributions increased petitioner’s basis; respondent contended only that G�nther was not worthless. Petitioner’s adjusted basis in its G�nther stock as of May 31, 1992, was $7,374,438 before any adjustment attributable to the bad debt issue. Our conclusion that amounts constituting the intercompany account balance as of FYE May 31, 1992, 1993, and 1994 were contributions to G�nther’s capital when made means that petitioner’s adjusted basis in G�nther’s stock as of May 31, 1992, must be increased by the intercompany account balance as of that date. Petitioner’s adjusted basis in G�nther’s stock as of May 31, 1992, recomputed in accordance with this opinion, was $13,938,562. Our analysis of whether G�nther’s stock was worthless must take into account the increased equity and decreased liability resulting from our decision on the bad debt issue. See Datamation Servs., Inc. v. Commissioner, T.C. Memo. 1976-252.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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