- 5 - per share on December 31, 2000. We note that a capital loss is allowable only if petitioner sold or exchanged some or all of his shares. Sec. 1211(b). We find that the distribution was a capital gain dividend. It is clear from the record that the distribution was based upon the number of shares owned by petitioner and that no portion was allocated as a return of capital. On this record, we conclude that the entire $7,118.80 distribution received by petitioner was a taxable capital gain dividend. Accordingly, we sustain respondent’s determination. Contentions we have not addressed are irrelevant, moot, or without merit. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011