Dan S. and Nancy J. Mitchell - Page 6

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          respectively.  On the amended returns, petitioners claimed                  
          depreciation for the equipment that was returned to the                     
          lessor/vendors.                                                             
                                       OPINION                                        
               Petitioners contend that they are entitled to additional               
          deductions and losses not claimed on their returns as originally            
          filed.  They assert that, after conceding that amounts of                   
          unreported income determined in the statutory notice were                   
          erroneous, respondent sought ways to deny them deductions that              
          they erroneously did not claim on their original returns, in                
          order to sustain some deficiency in tax for each year.  According           
          to respondent, the amounts now in dispute approximate $1,150 for            
          1990 and $200 for 1991.                                                     
               Petitioners’ accusations against respondent’s agents have no           
          persuasive effect in this case.  See Greenberg’s Express, Inc. v.           
          Commissioner, 62 T.C. 324 (1974).  The only remaining issues are            
          whether petitioners are entitled to the additional deductions               
          that they now claim and whether they are liable for the penalties           
          for negligence.  They have the burden of proof on these factual             
          issues.  Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79,           
          84 (1992); Rockwell v. Commissioner, 512 F.2d 882 (9th Cir.                 
          1975), affg. T.C. Memo. 1972-133.  Unless petitioners                       
          substantiate their deductions, we do not reach legal issues                 
          raised by respondent, to wit, whether any farm losses would                 
          belong to the bankruptcy estate and not be deductible on                    




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