Martin H. Tonn and Lorraine A. Tonn - Page 13




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          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.                 







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