- 14 - just 2 weeks after the cancellation of escrow on the 1996 purchase agreement. Although a remote possibility of future use does not necessarily preclude abandonment, Citizens Bank of Weston v. Commissioner, 252 F.2d 425 (4th Cir. 1958), affg. 28 T.C. 717 (1957), we cannot ignore the language in section 1.165-1(b), Income Tax Regs., that requires that substance, not mere form, shall govern in determining a deductible abandonment loss. In substance, FRGC’s sole business purpose was to engage in predevelopment activities to acquire property for Flagstaff Ranch. Although the unfavorable November 1997 zoning meeting and cancellation of escrow on the 1996 purchase agreement slowed FRGC’s progress, they were not a bar to prevent FRGC from signing an agreement to acquire the property in early January 1998. An otherwise abandoned expenditure, if part of an integrated plan that is implemented, is not an abandonment loss under section 165(a). Nicolazzi v. Commissioner, 79 T.C. 109, 132 (1982), affd. 722 F.2d 324 (6th Cir. 1983). Indeed, petitioner withdrew the zoning request prior to a vote at the November 1997 board meeting, which indicates that he did not want to foreclose the opportunity to resubmit the request at a later meeting. Although petitioner would have us ignore the realities of what transpired 2 weeks later, we decline to do so. Instead, we view the 1995 and 1996 purchase agreements that were entered intoPage: 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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