- 16 - In reaching this conclusion, we rely heavily upon the overvaluation of the Sentinel EPE recyclers. Accordingly, respondent is sustained on this issue with respect to the underlying deficiency for 1981 in docket No. 21243-85 and the underlying deficiencies for 1978 and 1979 in docket No. 7908-89. With respect to the underlying deficiency for 1981 in docket No. 7908-89, we sustain respondent's disallowance of the deductions and credits claimed with respect to EI's investment in Clearwater.7 We also note that each petitioner has stated his concession of this issue on brief. The record plainly supports respondent's determinations regardless of such concessions. For a detailed discussion of the facts and the applicable law, see Provizer v. Commissioner, supra. Issue 3. Sec. 6653(a) Negligence In the notice of deficiency in docket No. 7908-89, respondent determined that Sorey was liable for the negligence additions to tax under section 6653(a)(1) and (2) for 1981. Sorey has the burden of proving that respondent's determination is erroneous. Rule 142(a); Luman v. Commissioner, 79 T.C. 846, 860-861 (1982). In addition, in her first amendments to answer, 7 Respondent determined that Sorey was not entitled to any deduction on his 1981 Federal income tax return with respect to his investment in EI, however the notice of deficiency states that only items "reported with respect to your [Sorey's] equipment leasing activities for the year 1981 in Efron Investors, Ltd. Partnership are disallowed." We sustain only respondent's disallowance of the losses and credits claimed with respect to EI's investment in Clearwater.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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