- 13 - Furthermore, 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 (1979). Respondent argues that petitioner has not substantiated the amounts nor established that such carryforwards would not have been absorbed in prior years. Petitioner asserts that TFC operated at a loss in 1985 as shown on TFC's tax return. Furthermore, petitioner made an election to forgo the carryback on his 1985 individual income tax return. Petitioner has provided us with nothing more than his individual tax returns and the corporate tax returns of TFC as proof for the net operating loss. Petitioner has not provided us with TFC's books and records, or any other means to substantiate the amount of the loss claimed. We sustain respondent's disallowance of the net operating loss deduction. Credits are a matter of legislative grace, and petitioners have the buren of proving that they are entitled to the credit. Interstate Transit Lines v. Commissioner, 319 U.S. 590, 593 (1943); Segel v. Commissioner, 89 T.C. 816, 842 (1987). Taxpayers cannot merely rely on prior years' tax returns in which credits were claimed. Sherwood v. Commissioner, T.C. Memo. 1988-544. Section 38 provides for a credit against tax for the purchase of qualified property. To the extent such credit was not used in the tax year, it may be carried back 3 years or forward 15 years. Sec. 39. A credit carried forward to a tax year beginning after June 30, 1987, must be reduced by 35 percent. Sec. 49(c). Respondent argues that petitioner has not substantiated the amounts nor established that such carryforwards would not have been absorbed in prior years. Petitioner further asserts that an investment tax credit flowed through from TSI's 1984 tax return to petitioner and may be offset against petitioner's tax liabilities for the years in issue. Petitioner did not provide any invoices to support the purchase of qualified property upon which a credit could have been claimed. He did notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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