- 13 - that the amount of the deduction or loss they are claiming is based on the value of Mr. Tonn’s labor. Courts have consistently and uniformly held that a taxpayer has no basis in his labor. See Carter v. Commissioner, 784 F.2d 1006, 1009 (9th Cir. 1986); Funk v. Commissioner, 687 F.2d 264, 265 (8th Cir. 1982), affg. per curiam T.C. Memo. 1981-506; Abrams v. Commissioner, 82 T.C. 403, 407 (1984); Rowlee v. Commissioner, 80 T.C. 1111, 1119-1122 (1983). Petitioners are claiming a loss of $920,000. Petitioners do not dispute that this amount was determined in the appraisal by Russell Associates, in which the amount is attributed to the value of Mr. Tonn’s labor. Petitioners have not alleged that they reported in their gross income the amount due from Laurington under the installment sale of the on-farm energy equipment or any amount attributable to Mr. Tonn’s labor contribution to the on-farm energy equipment. Petitioners have represented that they were cash method taxpayers for the years in issue. Accordingly, the undisputed facts establish, as a matter of law, that petitioners are not entitled to a deduction or a loss for the years in issue. An appropriate order will be issued granting respondent’s motion for partial summary judgment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011