- 4 - compute their long-term capital gain therefrom by using a last- in-first-out (LIFO) method for computing cost basis, as they allege, or by using a first-in-first-out (FIFO) method for computing cost basis, as respondent alleges (the LIFO/FIFO basis issue); (3) a $2 million nonbusiness bad debt deduction in 1997 as the result of the worthlessness in that year of a $2 million debt from Solv-Ex to Mr. Rendall; (4) alternatively, a $2 million business bad debt deduction as a result of that alleged worthlessness; and (5) a worthless stock loss deduction for the worthlessness, in 1997, of either Mr. Rendall’s remaining common stock in Solv-Ex after the sale of 634,100 shares or (assuming the sale of those shares is held not to be taxable to petitioners) his common stock interest in Solv-Ex, including those 634,100 shares. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year at issue, 1997, and all Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT3 Some facts are stipulated and are so found. The stipulation 3 To the extent that petitioners or respondent fail to set forth objections to the other’s proposed findings of fact, we conclude that those proposed findings of fact are correct except to the extent that the nonobjecting party’s proposed findings of fact are clearly inconsistent therewith. See Jonson v. Commissioner, 118 T.C. 106, 108 n.4 (2002), affd. 353 F.3d 1181 (10th Cir. 2003).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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