Mark O. Kaplan - Page 17

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          explanation as to why the expenses should have been recorded by             
          Silver Glen, if they were paid by petitioner personally on behalf           
          of Marc.  We conclude and hold that petitioner has failed to                
          prove that he is entitled to any basis in Marc with respect to              
          the alleged legal expense.                                                  
          VI.  Conclusion                                                             
               Petitioner has failed to establish that as of December 31,             
          1997, he had adjusted basis in Marc greater than the $321,859               
          that respondent has conceded.  Accordingly, pursuant to section             
          1366(d), petitioner’s 1997 loss deductions from Marc are limited            
          to $321,859.  To reflect respondent’s concession,                           

                                                  Decision will be                    
                                              entered under Rule 155.                 























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