3
amount of $18,789, has now conceded that such net operating loss
carryback should be increased by $2,000.
As part of the statutory notice of deficiency herein for the
year 1990, respondent also determined a penalty under section
6662(a) against petitioner.
So far as the deficiency in tax is concerned, we think it is
clear in this Court that the burden of proof is upon petitioner
to show error in respondent's determination. Rule 142(a); Welch
v. Helvering, 290 U.S. 111 (1933). This record provides
absolutely no evidence upon which we can determine that
respondent's determination was in error to any extent. There is
no evidence to show petitioner's cost basis in his original one
million shares in the corporation, other than the $44,004
determined by respondent, and there is no evidence to indicate
that respondent's allocation of 20 percent of such original cost
basis, or $8,801, to petitioner's remaining 200,000 shares that
he sold in 1990 was an unreasonable action. At trial, petitioner
claimed that his stock basis in the 200,000 shares was over $1
million, and proffered a written receipt indicating such amount.
Upon cross-examination, however, it developed that this so-called
"receipt" was prepared by petitioner himself, showing money as
coming from himself to himself, and was, in fact, prepared just
before trial of this case. It was admitted solely as a summary
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