- 19 - In sum, the record does not persuade us that settlement discussions had ended prior to the purported admissions by petitioner. Examining the totality of the circumstances, we believe it is consonant with the purpose of rule 408 of the Federal Rules of Evidence, to decline to include the purported statements made by petitioner in the record. Hence, petitioner's motion to exclude respondent's counsel's testimony will, accordingly, be granted. B. Capital Versus Ordinary Loss Petitioner guaranteed the auto dealership's floor plan loan, which was utilized to purchase automobiles from the manufacturer for inventory purposes. Three years later, petitioner’s assets were used to make a $400,000 payment to Sanwa Bank to fulfill the guaranty obligation, which petitioner deducted as a business bad debt. Respondent contends that the bad debt is a nonbusiness bad debt and may not, therefore, be used to generally reduce ordinary income. In other words, respondent determined that petitioner is entitled to a short-term capital loss, and petitioner bears the burden of establishing that respondent's determination is erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Also, deductions are a matter of legislative grace, and petitioner has the burden of proving his entitlement to the claimed deductions. See New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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