- 6 - 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 onPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011