- 7 - interest in a corporation is worthless, and the taxable year in which such worthlessness occurs, are questions of fact with respect to which petitioners generally bear the burden of proof. Rule 142(a); Boehm v. Commissioner, 326 U.S. 287, 294 (1945); Welch v. Helvering, 290 U.S. 111, 115 (1933).2 Further, taxpayers are expected to maintain adequate records to substantiate claimed losses. Sec. 6001. Generally, a stock interest in a corporation will be treated as wholly worthless when the underlying corporation has no liquidation value and no foreseeable value. Delk v. Commissioner, 113 F.3d 984, 986 (9th Cir. 1997), revg. T.C. Memo. 1995-265; Morton v. Commissioner, 38 B.T.A. 1270, 1278-1279 (1938), affd. 112 F.2d 320 (7th Cir. 1940). The absence of any foreseeable value ordinarily is established by some identifiable event in the corporation’s life. Delk v. Commissioner, supra at 986; Austin Co. v. Commissioner, 71 T.C. 955, 970 (1979); Morton v. Commissioner, supra at 1279. Petitioner claims that in July of 1997 he received, through PGI as his nominee, a $200,000 loan from Wells Fargo and that he transferred this $200,000 in loan proceeds to Garza, who in turn transferred the $200,000 to Adrical on petitioner’s behalf. 2 Petitioner does not assert that the burden of proof should shift to respondent under sec. 7491.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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