JHK Enterprises, Inc., A California Corporation - Page 7




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          pursuant to section 165(a) are sometimes referred to as                     
          “abandonment losses to reflect that some act is required which              
          evidences an intent to discard or discontinue use permanently.”             
          Gulf Oil Corp. v. Commissioner, 914 F.2d 396, 402 (3d Cir. 1990)            
          (citing A.J. Indus., Inc. v. United States, 503 F.2d 660 (9th               
          Cir. 1974)), affg. on this issue, revg., and remanding 87 T.C.              
          135 (1986).                                                                 
               In order for the loss of an intangible asset to be                     
          deductible, there must be “‘(1) an intention on the part of the             
          owner to abandon the asset, and (2) an affirmative act of                   
          abandonment.’”  Id. (quoting A.J. Indus., Inc. v. United States,            
          supra at 670).                                                              
               Losses claimed with respect to nondepreciable property must            
          also meet the requirements of section 1.165-2(a), Income Tax                
          Regs., which provides in part:                                              
               A loss incurred in a business or in a transaction                      
               entered into for profit and arising from the sudden                    
               termination of the usefulness in such business or                      
               transaction of any nondepreciable property, in a case                  
               where such business or transaction is discontinued or                  
               where such property is permanently discarded from use                  
               therein, shall be allowed as a deduction under section                 
               165(a) for the taxable year in which the loss is                       
               actually sustained.  * * *                                             
               B.  Burden of Proof                                                    
               In general, the Commissioner’s determinations are presumed             
          correct, and the taxpayer bears the burden of proving otherwise.            
          Rule 142(a).  Although section 7491 may operate in specified                






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