- 10 - support a finding that petitioner made any investment in Adrical.3 Even if petitioner had substantiated that he made an investment in Adrical, in order to claim a worthless security loss under section 165(g), petitioner also had to establish that he received a stock interest in Adrical and that the stock became worthless in 2000. Petitioner has not presented evidence that establishes that he was a stockholder in Adrical. At trial, in response to questions from the Court, petitioner acknowledged that he did not receive stock certificates in Adrical, that he did not know his percentage ownership interest in Adrical, that he did not know whether he was an officer of Adrical, and that in hindsight he was not sure that he was a stockholder of Adrical. Further, petitioner repeatedly testified that Garza was obligated to repay funds petitioner transferred to Garza, suggesting that any such funds constituted a loan to Garza, not a stock investment made by Garza on petitioner’s behalf. 3Petitioner cites Jensen v. Commissioner, T.C. Memo. 1993- 393, affd. 72 F.3d 135 (9th Cir. 1995), for the proposition that petitioner is not required to produce evidence that he owned stock in Adrical, Inc. Petitioner fails to differentiate between a theft loss under sec. 165(e), which was the case in Jensen, and a worthless security loss under sec. 165(g), the latter of which requires affirmative evidence that the loss resulted from a security investment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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