Maintenance, Painting & Construction, Inc. - Page 8

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          the asset, and (2) the owner in fact abandoned the asset through            
          an affirmative act.  United States v. S.S. White Dental                     
          Manufacturing Co., 274 U.S. 398 (1927); A.J. Indus., Inc. v.                
          United States, 503 F.2d 660, 670 (9th Cir. 1974); CRST, Inc. v.             
          Commissioner, 92 T.C. 1249, 1257 (1989), affd. 909 F.2d 1146 (8th           
          Cir. 1990); see also United Dairy Farmers, Inc. v. United States,           
          267 F.3d 510, 522 (6th Cir. 2001).  The amount of the loss on an            
          abandonment of depreciable property equals the property’s                   
          adjusted basis at the time of abandonment.  Secs. 1.165-2(c),               
          1.167(a)-8(c)(4), Income Tax Regs.                                          
               Petitioner’s burden of proof requires that it establish:               
          (1) It intended to abandon specific assets during its 1997                  
          taxable year, (2) it in fact during that year abandoned those               
          assets through an affirmative act, and (3) its adjusted bases in            
          the assets.  See Burnett v. Houston, 283 U.S. 223, 227 (1931);              
          Stivers v. Commissioner, 360 F.2d 35, 40-41 (6th Cir. 1966).                
          Petitioner has not proven any of these elements.  Although Laxton           
          testified that he intended on behalf of petitioner to abandon any           
          equipment placed on the lot which was not taken back to                     
          Tennessee, we are hard pressed to determine on the basis of the             
          record at hand that any specific asset actually was abandoned.              
          Although petitioner may in fact have left on the lot one or more            
          pieces of the equipment, we are unable to find (and have serious            
          doubt) that petitioner actually knew what pieces of the equipment           






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