Jerome J. and Ann T. Klawitter - Page 10

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          Nevertheless, on that return petitioners apparently claimed an              
          ordinary loss deduction of $708,689, attributable to petitioner’s           
          surrender of the distributed partnership interest.  This ordinary           
          loss deduction apparently gave rise to a net operating loss that            
          resulted in the net operating loss carryover deductions here in             
          dispute.                                                                    
               In the notice of deficiency, respondent disallowed the net             
          operating loss carryover deduction claimed for each year in issue           
          because, according to respondent, petitioners failed to establish           
          that a loss was incurred in 1993 “on the abandonment of a                   
          partnership interest”.                                                      
          Discussion                                                                  
               An individual who abandons a partnership interest is                   
          entitled to a deduction for any loss sustained during the year of           
          that abandonment if, in addition to other requirements, (1) the             
          individual intends to abandon the partnership interest, and (2)             
          the individual’s intent to abandon the interest is manifested by            
          some affirmative act of abandonment.  Sec. 165(a), (c)(2); Citron           
          v. Commissioner, 97 T.C. 200, 208-209 (1991); Tsakopoulos v.                
          Commissioner, T.C. Memo. 2002-8.  Both parties cite Citron in               
          support of their respective positions.6  According to                       
          petitioners, petitioner intended to abandon the distributed                 


               6  In this case, given the manner in which the issue was               
          framed, we need not address the computation or characterization             
          of the abandonment loss deducted in 1993.                                   




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