- 5 - a capital loss in the year in which the security becomes worthless. Sec. 165(g). A mere shrinkage, however, in the value of a security does not give rise to a loss deduction for the taxpayer under section 165(a) if, on the date of the claimed loss, the security has any recognizable value. Sec. 1.165-4(a), Income Tax Regs. The worthlessness and the taxable year in which a security becomes worthless constitute questions of fact on which petitioner has the burden of proof.1 Boehm v. Commissioner, 326 U.S. 287, 294 (1945). In order for a security to be treated as worthless, the security is required to have no present or foreseeable value. In Morton v. Commissioner, 38 B.T.A. 1270, 1278-1279 (1938), affd. 112 F.2d 320 (7th Cir. 1940), we stated as follows: The ultimate value of stock, and conversely its worthlessness, will depend not only on its current liquidating value, but also on what value it may acquire in the future through the foreseeable operations of the corporation. Both factors of value must be wiped out before we can definitely fix the loss. If the assets of the corporation exceed its liabilities, the stock has a liquidating value. If its assets are less than its liabilities but there is a 1 The Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001, 112 Stat. 726, added sec. 7491, which in certain circumstances places the burden of proof on respondent. Sec. 7491 is applicable, however, to court proceedings arising in connection with examinations commencing after July 22, 1998. Accordingly, sec. 7491 is inapplicable to the instant case.Page: Previous 1 2 3 4 5 6 7 8 Next
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