Peter R. Geddis - Page 6

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          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.                





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