Leonard L. Leighton and Joyce S. Leighton - Page 6

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               Petitioner denies all this, and petitioner further claims              
          unspecified capital loss deductions for 1987 based on judgments             
          entered against him by holders of notes and members of the                  
          various joint ventures, as well as on account of an alleged                 
          $100,000 loss on a loan made by petitioner to a particular joint            
          venture.  Petitioner claims that his loss in various of the joint           
          ventures was established when he abandoned his interests in said            
          ventures, or when said judgments were rendered against him.                 
              As to the three issues remaining to be decided in this case,           
          as we have detailed above, the burden of proof--that is to say,             
          the burden of ultimate persuasion--was upon petitioners.  Rule              
          142(a); Welch v. Helvering, 290 U.S. 111 (1933).  It was the task           
          of petitioners to convince the Court by adequate proof that                 
          respondent was in error, and to what extent, in determining that            
          petitioners had the additional income for 1987, which respondent            
          determined came about as a result of petitioner's illegal                   
          abstraction of funds to commingle with other joint accounts over            
          which he had control, as well as abstraction of funds to use for            
          petitioner's personal purposes.  Likewise, it was petitioners'              
          burden to show that respondent's determination of additional                
          unreported capital gains income in 1987 was erroneous, and to               
          what extent.  Finally, it was petitioner's burden to demonstrate            
          that he had additional losses that were deductible for the year             
          1987, in excess of any capital gains which he otherwise had                 
          realized.                                                                   




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