Kenneth B. and Linda R. Satlin - Page 11

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          transaction entered into for profit.  In order to be deductible,            
          a loss must be evidenced by a closed and completed transaction,             
          fixed by identifiable events, and actually sustained during the             
          taxable year.  Boehm v. Commissioner, 326 U.S. 287, 291-292                 
          (1945); sec. 1.165-1(b), Income Tax Regs.  A loss is deductible             
          only for the taxable year in which it is sustained.  Sec. 1.165-            
          1(d)(1), Income Tax Regs.  The determination of whether a loss              
          occurred during a particular taxable year is purely one of fact.            
          Korn v. Commissioner, 524 F.2d 888, 890 (9th Cir. 1975), affg.              
          T.C. Memo. 1973-258.  A critical inquiry is the year in which the           
          taxpayer loses control over and possession of the property at               
          issue.  United States v. S.S. White Dental Manufacturing Co., 274           
          U.S. 398 (1927).  Respondent suggests that to the extent                    
          petitioners incurred a loss, the loss occurred before 1997.  To             
          the extent the advance of funds was an investment in ITG, it                
          would appear that the loss occurred when ITG became defunct in              
          1994.  ITG’s corporate charter was terminated in 1994, and no               
          business was ever conducted.                                                
               No portion of the loss with respect to which reimbursement             
          may be received is sustained, for purposes of section 165, until            
          it can be ascertained with reasonable certainty whether such                
          reimbursement will be received.  Sec. 1.165-1(d)(2)(i), Income              
          Tax Regs.  Petitioner did not seriously pursue reimbursement of             







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