- 20 - Respondent asserts that petitioner's basis in the client list was $9,283 and, thus, petitioner recognized a capital gain of $4,217 upon its sale. Respondent does not include petitioner's oral guaranty as part of petitioner's basis. At the time the notice of deficiency was issued, petitioner had not filed a Federal income tax return for the taxable year 1991. The substitute return did not reflect, and the notice of deficiency did not make an adjustment with respect to, the sale of the client list. To the extent that petitioner claims a loss from this transaction, the burden of proof is on petitioner. Rule 142(a); Welch v. Helvering, 290 U.S. at 115. On the other hand, to the extent that respondent asserts that the transaction resulted in a gain, and asserts an increased deficiency, respondent bears the burden of proof. Rule 142(a); Estate of Cordeiro v. Commissioner, 51 T.C. 195, 203 (1968). The parties agree that the client list was sold in 1991 for $13,500. The parties, however, are not in agreement with respect to the basis of the client list. Accordingly, we must decide whether either party has established petitioner's basis in the client list. Under section 331, amounts distributed in complete liquidation of a corporation shall be treated as full payment inPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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