- 8 - 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 toPage: 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