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A tax return is merely a statement of the taxpayer's claim and
does not establish the truth of the matters set forth therein.
Wilkinson v. Commissioner, 71 T.C. 633, 639 (1979); Roberts v.
Commissioner, 62 T.C. 834, 837 (1974); Halle v. Commissioner, 7
T.C. 245, 250 (1946), affd. 175 F.2d 500 (2d Cir. 1949).
Petitioner did not testify. Petitioner did not provide
partnership books and records or invoices to support the purchase
of qualified property for which a credit could have been
claimed;3 nor did she provide any evidence to show that the
alleged section 38 assets were used in a trade or business long
enough to avoid any recapture. Moreover, petitioner did not
provide copies of her tax returns for taxable years before 1984,
and she did not provide the Court with enough information to
determine whether any allowable credits would have otherwise been
absorbed in the intervening years. Indeed, the tax returns
provided by petitioner reflect several errors in calculating the
general business credit carryforward. Petitioner has not met her
burden of proving that she is entitled to the claimed credit.
Accordingly, we sustain respondent's determination regarding the
general business credit carryforward in 1989.
Respondent also determined that petitioner was liable for
the accuracy-related penalty pursuant to section 6662(a).
Section 6662 imposes an addition to tax equal to 20 percent of
3Petitioner offered an undated, unsigned statement
regarding the purchase of some equipment in 1969 and 1970. The
source of this document is unknown. Respondent objected to this
document as hearsay, and we sustain the objection.
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