- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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