Joyce E. and Jerome G. Beery - Page 8

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          through 1981, and respondent never audited petitioners' joint               
          Federal income tax returns for 1982 through 1988, even though the           
          carryforward deductions claimed on the amended 1978 through 1981            
          and 1982 through 1988 income tax returns were based on the same             
          $1,517,999 1975-NOL that was the basis for the NOL carryforward             
          deductions that were apparently claimed by the bankruptcy trustee           
          on Federal income tax returns filed on behalf of petitioner's               
          bankruptcy estate for 1976 through 1980.                                    
               In 1993, respondent audited only petitioners' 1989, 1990,              
          and 1991 joint Federal income tax returns, and on September 30,             
          1993, respondent issued a notice of deficiency disallowing the              
          carryforward deductions of $104,700, $98,604, and $30,848,                  
          respectively, claimed on those three returns with regard to the             
          1975-NOL.  Respondent's disallowance of the claimed 1975-NOL                
          carryforward deductions was based on the argument that, under               
          section 172 as applicable to 1975, the period for carrying                  
          forward the 1975-NOL expired on December 31, 1980.  Respondent              
          also disallowed the $7,414 in car and truck expenses claimed on             
          petitioners’ 1989 joint Federal income tax return and determined            
          the accuracy-related penalties.                                             

                                       OPINION                                        
               Deductions are a matter of legislative grace with respect to           
          which taxpayers generally bear the burden of proof.  Rule 142(a);           







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