Peter R. Geddis - Page 7

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          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.                                        





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