- 8 - 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 equipmentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011