Abraham and Dina Weiss - Page 17




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          (1974).  The question whether respondent made adjustments to the            
          partnership Federal income tax returns before issuing the notice            
          of deficiency to petitioners is thus irrelevant here.  As noted             
          above, petitioners have the burden of proving to this Court that            
          they are not liable for the determined deficiencies.  When they             
          fail to meet this burden, as they have done here, we will sustain           
          a deficiency notice disallowing a partnership loss even though              
          the audit of the partnership was not yet final.  Chaum v.                   
          Commissioner, 69 T.C. 156, 163-164 (1977).3                                 
               Petitioners also argue that there is a presumption that                
          business deals take place at arm’s length.  They conclude that,             
          because respondent has not disproved their claims that the                  
          Oshtemo-Kalamazoo transactions were conducted at arm’s length,              
          their Oshtemo-Kalamazoo transactions are presumptively valid and            
          must be accepted for purposes of Federal income taxation.                   
          Petitioners again fail to recognize that it is their burden, and            
          not respondent’s, to prove each fact needed to substantiate the             


               3 For taxable years beginning after Sept. 3, 1982, the                 
          Internal Revenue Code provides for determining the tax treatment            
          of items of partnership income, loss, deductions, and credits at            
          the partnership level in a unified partnership proceeding rather            
          than in separate proceedings with the partners, pursuant to the             
          audit and litigation procedures of the Tax Equity and Fiscal                
          Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a),            
          96 Stat. 324, 648.  Partnership items include each partner's                
          proportionate share of the partnership's aggregate items of                 
          income, gain, loss, deduction, or credit.  Sec. 6231(a)(3); sec.            
          301.6231(a)(3)-1(a)(1)(i), Proced. & Admin. Regs.  These                    
          provisions, however, are effective only for partnership taxable             
          years beginning after Sept. 3, 1982.  See TEFRA sec. 407(a)(1),             
          96 Stat. 670.  Accordingly, they are not in effect for the years            
          here at issue.                                                              

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