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partnership losses, including the one claimed on the amended 1979
return, is sustained.
In addition to claimed partnership losses, petitioner
claimed losses in 1979 and 1980 for McZand, a subchapter S
corporation, of $11,997 and $39,147, respectively. Respondent
disallowed these losses. Also disallowed were claimed 1979
losses for Southern Florida Real Estate Sales ($3,228), Admiralty
Point Trust ($2,933), Homestead Development Corporation ($1,889),
and Danny's Hideaway ($5,771). For each of these entities, other
than McZand, the only evidence in the record consists of tax
returns for some of the entities and the general testimonial
statements that losses were incurred. No primary records
establishing actual loss were presented. Therefore, petitioner
has failed to meet his burden of proof.
Further, with respect to McZand and Danny's Hideaway, there
is affirmative evidence that the reported tax treatment was
incorrect. In 1979 McZand purported to sell real estate to
petitioner at a gain; however, McZand failed to include that gain
in income. For Danny's Hideaway, petitioner claimed a loss from
the disposition of all his stock in 1979; yet petitioner claimed
an unexplained additional loss in 1980 when he was no longer a
shareholder. In view of the lack of evidence to support the
claimed losses and the affirmative indications that these losses
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