- 6 - capital loss carryover from 2000 was claimed thereon, inasmuch as they had not reported a long-term capital loss on their 2000 joint Federal income tax return. At trial, petitioner’s accountant stated that the $192,046 amount of the claimed 2000 long-term capital loss carryover was not precise and was based on an estimate. As of the date of the trial, petitioner and his wife have not filed an amended Federal income tax return for 2000, and petitioner and his wife have not otherwise claimed a long-term capital loss for 2000. OPINION Under section 165(g), securities which are capital assets that become worthless during a taxable year are “treated as a loss from the sale or exchange, on the last day of the taxable year, of a capital asset.” Sec. 165(g)(1). For purposes of section 165(g), a security is defined as either a share of stock in a corporation, or a right to subscribe for, or to receive, a share of stock in a corporation. Sec. 165(g)(2).1 To qualify for a capital loss deduction under section 165(g), a stock interest in a corporation must be wholly worthless. Sec. 1.165-5(c), Income Tax Regs. Whether a stock 1The definition of security under sec. 165(g)(2) also includes certain debt instruments not relevant to this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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