Searcy M. Ferguson, Jr., and Elizabeth L. Ferguson - Page 10

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          the claimed deductions.6  See Rule 142(a); New Colonial Ice Co.             
          v. Helvering, 292 U.S. 435, 440 (1934); Welch v. Helvering, 290             
          U.S. 111, 115 (1933).  We now turn to our analysis of the                   
          disputed deductions.                                                        
          Alleged Abandonment of the Vernon Property                                  
               Respondent contends that the Vernon property is treated for            
          Federal income tax purposes as the property of petitioner’s                 
          bankruptcy estate (the bankruptcy estate) upon the commencement             
          of the bankruptcy case pursuant to section 1398 and,                        
          consequently, that petitioners did not realize a loss upon any              
          disposition of the Vernon property by the bankruptcy estate in              
          2000.  Petitioners contend that the bankruptcy estate abandoned             
          the Vernon property to Herring National Bank in 2000 and that               
          petitioners acquired the right to recognize a related loss when             
          petitioner “purchased all assets and claims of his bankruptcy               
          estate” in a foreclosure sale on February 1, 2004.                          
               The record does not support petitioners’ contention that the           
          bankruptcy estate abandoned the Vernon property in 2000.  Rather,           
          the parties stipulated that Herring National Bank foreclosed its            
          lien on the Vernon property on August 7, 2001, and petitioners              
          have offered no evidence that the bankruptcy estate abandoned the           
          Vernon property before the foreclosure.  Furthermore, the                   


               6We note that petitioners have made no contentions with                
          respect to sec. 7491(a).                                                    





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