6 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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