- 3 - petitioners bear the burden of proof, and have failed to introduce any evidence, the Court should find against petitioners and hold for respondent on that issue. In their reply brief, petitioners state that, subsequent to the trial, petitioners and respondent "agreed that the adjustment to the capital gain realized by petitioners in 1989 with respect to Bruce's basis in BSG Corp. proposed by respondent was correct." We take that as a concession by petitioners and, on that basis, sustain so much of the deficiencies as relate to that issue. In a footnote, petitioners added: Petitioners contend that the parties' agreement with respect to respondent's determination of Bruce's basis in BSG Corp. in this case allows them to correct their erroneously computed share of BSG Corp.'s subchapter S corporation losses in 1985 and 1986 under I.R.C. � 1311-1314. Suffice it to say that neither 1985 nor 1986 is a year before us, and, therefore, we have no jurisdiction to determine any overpayment for either of such years. See sec. 6512(b). Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulations of fact filed by the parties and attached exhibits are incorporated herein by this reference.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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