JHK Enterprises, Inc., A California Corporation - Page 8




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          circumstances to place the burden on the Commissioner, the                  
          statute is effective only for court proceedings that arise in               
          connection with examinations commencing after July 22, 1998.                
          Internal Revenue Service Restructuring and Reform Act of 1998,              
          Pub. L. 105-206, sec. 3001(c), 112 Stat. 727.  Since the record             
          here is devoid of evidence showing that the underlying                      
          examination began after the relevant date, and since petitioner             
          has at no time contended that the provisions of section 7491 are            
          applicable, we conclude that the traditional burden remains upon            
          petitioner.                                                                 
               C.  Analysis Regarding Intangible Assets                               
               In order to qualify for a deduction pursuant to section                
          165(a) based on the abandonment of property, a taxpayer must have           
          owned the property it claims to have abandoned.  Respondent                 
          contends that petitioner has failed to establish that it owned              
          any intangible asset in 1995.  Petitioner claims to have acquired           
          ownership of intangible assets that were acquired by Kaufman, who           
          acquired client files, a client list, and associated goodwill in            
          connection with the dissolution of the partnership.  Petitioner             
          claims that Kaufman assumed 28 percent of $544,880 of partnership           
          liabilities in connection with the dissolution of the                       
          partnership.  Petitioner claims to have sufficient basis for the            
          claimed abandonment loss deduction because Kaufman transferred to           








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