Robert Lee McWilliams - Page 13

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            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 not               




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