- 10 - OPINION Respondent argues that FRGC did not sustain a deductible abandonment loss in 1997 and that all expenses claimed in 1997 and 1998 were capital in nature and are therefore not currently deductible. Petitioner acknowledges that a large percentage of the 1997 expenditures were nondeductible capital expenditures at the time they were made. However, petitioner argues that the expenses became deductible when the failure to obtain the requisite zoning changes resulted in cancellation of the 1996 purchase agreement. At trial, petitioner limited his arguments with respect to allowable deductions for 1997 to whether FRGC sustained an abandonment loss. Petitioner also argues that the burden of proof should be shifted to respondent in accordance with the provisions of section 7491. We need not decide whether the conditions of section 7491 have been met by petitioner in this case, however, as the resolution of these issues does not depend on which party has the burden of proof. We resolve these issues on the basis of a preponderance of the evidence in the record, giving more weight to objective events than to subjective characterizations of intent. Abandonment Loss FRGC incurred expenses totaling $669,126 in 1997 in connection with its attempt to acquire suitable property forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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