Wayne and June Ellen Hairston - Page 11

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          Issue 2.  Net Operating Losses                                              
               Petitioners claimed carryforward losses from 1976, 1977,               
          1980, 1982, 1984, 1985, and 1987 to the taxable years in issue.             
          More specifically, petitioners claimed a net operating loss                 
          ("NOL") carryforward in the amount of $45,207 on page 1 of their            
          Form 1040 for 1990.  Through amended returns, petitioners claimed           
          carryforward losses for 1988 and 1989.                                      
               As mentioned above, the Commissioner's determinations are              
          presumed correct, and the taxpayer bears the burden of proving              
          that those determinations are erroneous.  Rule 142(a); Welch v.             
          Helvering, 290 U.S. 111, 115 (1933).  Accordingly, our first                
          inquiry must be whether petitioners had any net operating losses            
          in taxable years prior to 1988 that they could carry forward to             
          the taxable years in issue, 1988, 1989, and 1990.  Myers v.                 
          Commissioner, T.C. Memo. 1995-329.  Regarding this matter, the              
          record contains joint exhibits consisting of the income tax                 
          returns filed by petitioners for each of the taxable years 1975             
          through 1990.  The record also contains exhibits from petitioners           
          showing the NOL schedule compiled by petitioners' tax preparer.             
          However, no one testified as to the claimed net operating losses            
          incurred in the years prior to 1988, and the record includes no             
          proof that such losses were in fact incurred or that carryovers             
          were available as deductions in any of the years in issue.                  
               Based on the inadequate record thus presented, we are unable           
          to find that any net operating losses actually were incurred in             




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