- 10 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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