Peter R. Geddis - Page 10

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          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.                                                        





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