- 7 - 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 specifiedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011