- 8 - capital losses to succeeding taxable years. Sec. 1212(b). Section 1212(b)(1)(B) provides that the excess of the net long- term capital loss over the net short-term capital gain is to be treated as a long-term capital loss in the succeeding taxable year. Petitioners bear the burden of proving that they are entitled to the losses they claim. Rule 142(a); Benson v. Commissioner, 80 T.C. 789, 804 (1983); Beales v. Commissioner, T.C. Memo. 1992-608. Aside from their 1987 and 1988 tax returns, however, petitioners offered no evidence to substantiate these losses.6 Moreover, an entry on a tax return does not establish the existence of a loss. Halle v. Commissioner, 7 T.C. 245, 250 (1946), affd. 175 F.2d 500 (2d Cir. 1949); Warden v. Commissioner, T.C. Memo. 1995-176. Therefore, we sustain respondent's determination. On their 1988 tax return, petitioners reported adjusted gross income of ($45,389), thereby enabling them to exclude their Social Security benefits received during 1988. See sec. 86(a), (b). However, following the other adjustments discussed previously, respondent increased petitioners' taxable income by $7,399 to reflect the taxable portion of petitioners' Social 5(...continued) Sec. 1211(b). 6At trial, Mr. Foust represented himself and his wife pro se, and he concentrated his entire testimony on the first issue-- his basis, if any, in Vosburg.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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