Bruce Selig and Elaine Selig - Page 3

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          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.                         





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