Herschel H. and Roberta S. Hoopengarner - Page 14

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          to costs incurred in buying or selling the properties, or in                
          foreclosure expenses.                                                       
               Petitioners’ situation in this case is a result of their own           
          inexactitude and failure to maintain records of their expenses.             
          Further, we find petitioners’ efforts before trial to locate any            
          records that might be in the hands of third parties especially              
          lax.                                                                        
               4.   Petitioners Failed To Call Key Witnesses                          
               We note that neither Grant Hornbeak (petitioners’ partner in           
          the real estate transactions) nor anyone from Gendron & Co.                 
          (petitioner’s accountant and preparer of the 1994 through 1999              
          tax returns) was called as witnesses.  We infer that their                  
          testimony would not have been favorable to petitioners.  Wichita            
          Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946),            
          affd. 162 F.2d 513 (10th Cir. 1947).                                        
               5.   The Court Will Not Estimate Petitioners’                          
                    Claimed NOLs                                                      
               Despite the above mentioned discussion, petitioners argue              
          that they have substantiated their claimed net operating losses             
          for taxable years 1994 through 1999, based upon their alleged               
          bases in the properties and losses from the foreclosures.                   
          Petitioners derived these numbers from property records gathered            
          by Revenue Agent Grennan during the audit.  Petitioners argue               
          that at the time of foreclosure, they had bases and losses in the           
          properties as follows:                                                      





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