- 24 - contends that because the note was nonrecourse and the Burke Property could be exchanged by petitioner under section 1031 without repaying the note, petitioner's liability on the note was uncertain. We find respondent's logic less than compelling. Even assuming that petitioner could have exchanged the Burke Property without repaying the McMahon Note, an exchange partner would reduce his valuation of the Burke Property according to the note's balance. And, consequently, petitioner would receive less in the exchange. In economic terms, petitioner's burden was certain. As for petitioner's other deductions from the loss years, petitioner has introduced only its unaudited books of original entry and other accounting records based upon them. While we believe that petitioner's witnesses testified truthfully and that petitioner's management was not dishonest, its books are unreliable. Petitioner cannot substantiate all of its deductions for the current years in issue, years in which it supposedly kept its underlying documentation. For example, petitioner's mileage logs for the Malibu contained miles allocable to the Cougar. Petitioner included part of the fees paid to Charles for investigating prospective exchange properties under "professional services" rather than "fees". Petitioner's books standing alone fail to prove that petitioner incurred the other deductions from the loss years.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011