Chester Valentine Gacioch - Page 6

                                        - 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