Diane S. Blodgett - Page 17

                                       - 17 -                                         

          property to rent it out, they never carried through with an                 
          intention to do so.  Moreover, this Court is not bound to accept            
          a taxpayer's self-serving, unverified, and undocumented                     
          testimony.  Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).                
          Petitioner has simply not shown to the Court’s satisfaction that            
          the purchase of the condominium was for profit from business or             
          investment; thus, no deduction under section 165(c)(1) or (2) is            
          allowed.  The Court further holds that the property was purchased           
          for personal, living, and family purposes.  As a result, under              
          section 262, its loss is not deductible.  See Austin v.                     
          Commissioner, 298 F.2d 583 (2d Cir. 1962), affg. 35 T.C. 221                
          (1960).  Respondent is sustained on this issue.                             
               Petitioner also claimed a $42,500 investment loss on a                 
          Simbari painting.9  The painting was transferred to the settlement          
          estate in the FTC case and never returned to petitioner.  The               
          loss of the painting is not deductible by petitioner under                  
          section 165(c)(1) or (2) as a loss from a transaction entered               
          into for profit.  The painting was displayed in petitioner’s home           
          and was never used for a business or investment purpose.  Despite           
          Mr. Blodgett’s claim to have bought the painting as an                      
          investment, no credible evidence was presented as to petitioner's           


               9    The purchase price of the painting was $85,000.                   
          Because she jointly owned the painting with Mr. Blodgett,                   
          petitioner claimed one-half of its cost as her loss deduction.              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011