- 14 - INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); Welch v. Helvering, 290 U.S. 111, 115 (1933); Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). As we see it, the principal issue in this case involves an issue of timing; i.e., the year in which a loss may properly be deducted. We have decided that issue in respondent’s favor. However, we can appreciate how petitioner might have concluded that the foreclosure of the Hazelwood property was not complete until January 1997, since that is when he apparently surrendered possession of the property. Similarly, although petitioner may have discovered the unauthorized removal of furnishings and fixtures in 1996, we can appreciate how he might have concluded that such removal was inextricably connected with the ultimate fate of the Hazelwood property, which, at the time, was either in or on the verge of foreclosure proceedings. In view of the foregoing, we do not sustain respondent’s determination of the penalty under section 6662(a) to the extent that the underpayment of tax in this case is attributable to the loss deduction under section 165(c)(2). In contrast, we sustain respondent’s determination of the penalty under section 6662(a) to the extent that the underpayment of tax in this case is attributable to the adjustments conceded by petitioners. See supra note 2. In this regard, we observe that a taxpayer’s failure to keep adequate books and records orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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