Martin H. Tonn and Lorraine A. Tonn - Page 11




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          affg. T.C. Memo. 1978-274; Grant v. Commissioner, 84 T.C. 809,              
          820 (1985), affd. without published opinion 800 F.2d 260 (4th               
          Cir. 1986); Rink v. Commissioner, 51 T.C. 746, 753 (1969).  Thus,           
          a taxpayer is not entitled to a deduction for the imputed value             
          of services which he has not been required to report as income.             
          See Maniscalco v. Commissioner, supra at 7-8; Grant v.                      
          Commissioner, supra at 820; Rink v. Commissioner, supra at 753.             
          Petitioners make no allegation that they reported the $920,000 of           
          claimed losses on any of their Federal income tax returns, and              
          they represented that they were cash basis taxpayers for the                
          years in issue.9                                                            
               Section 165 provides, in general, for the deductibility of             
          losses sustained by the taxpayer.  Section 166 provides, in                 
          general, for the deductibility of debt which becomes worthless              
          during the taxable year.  Under both provisions, the amount of              
          the deduction is determined by reference to the adjusted basis              
          provided in section 1011 for determining the loss from the sale             
          or other disposition of the property.  See secs. 165(b) and                 
          166(b).  The deduction of a bad debt or a loss from gross income            

               9In an exhibit attached to respondent’s motion for partial             
          summary judgment, respondent asked petitioners whether they                 
          reported the sale of the on-farm energy plant to Laurington Corp.           
          on any of their Federal income tax returns.  Petitioners replied            
          that “I don’t believe it was because we were on a cash basis and            
          no cash was received.”  Petitioners have not disputed any of the            
          exhibits attached to respondent’s motion and have referenced the            
          exhibits in their arguments opposing respondent’s motion for                
          partial summary judgment.                                                   





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