Jerome J. and Ann T. Klawitter - Page 14

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          24 Cal. 339, 345 (1864) (“[One who abandons property] must leave            
          it free to the occupation of the next comer, whoever he may be,             
          without any intention to repossess or reclaim it for himself in             
          any event, and regardless and indifferent as to what may become             
          of it in the future.”)).  Instead, through a series of                      
          transactions, including the liquidation of Lever, petitioner                
          effectively retained the partnership interest that he claimed to            
          have abandoned.  See Commissioner v. Clark, 489 U.S. 726, 738               
          (1989) (“interrelated yet formally distinct steps in an                     
          integrated transaction may not be considered independently of the           
          overall transaction”); Commissioner v. Court Holding Co., 324               
          U.S. 331, 334 (1945).  Consequently, petitioners are not entitled           
          to a loss deduction in 1993 based upon petitioner’s surrender of            
          the distributed partnership interest.  It follows that                      
          petitioners are not entitled to the net operating loss carryover            
          deductions here in dispute, and we so hold.                                 
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              
                                                  Decision will be                    
                                             entered for respondent.                  











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