Stephen P. Arnold - Page 6

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          return.  We conclude that petitioner is not entitled to compute             
          his 1998 Federal income tax liability as such in that he has                
          never filed a 1998 tax return.  See Thompson v. Commissioner,               
          78 T.C. 558, 561 (1982).  Although petitioner gave respondent’s             
          counsel a copy of his purported joint return for 1998, that                 
          “return” was not a joint return in that it was signed by neither            
          him nor his wife.  Weber v. Commissioner, T.C. Memo. 1995-125;              
          Gudenschwager v. Commissioner, T.C. Memo. 1989-6.  We sustain               
          respondent’s determination that petitioner’s filing status for              
          1998 is "Married filing separate return".                                   
          3.  Stock Sales                                                             
               A taxpayer such as petitioner must recognize gain or loss on           
          each sale of stock in an amount equal to the difference between             
          the amount realized and his basis.  Secs. 1001, 1012.  Gain or              
          loss on the sale of stock held for more than one year is                    
          considered long-term.  Sec. 1222(3) and (4).  Gain or loss on all           
          other sales of stock is considered short-term.  Sec. 1222(1) and            
          (2).  Taxpayers who fail to prove a basis in a sold asset are               
          considered to have a zero basis in that asset.  Garret v.                   
          Commissioner, T.C. Memo. 1997-231; see also Reeve v.                        
          Commissioner, a Memorandum Opinion of this Court dated March 27,            
          1947.                                                                       
               Petitioner argues that he is entitled to recognize losses on           
          sales of stock not mentioned above.  We disagree.  The record               






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