23 We find that petitioners have not established their basis in the Bohannon, S.A. stock they sold in 1988 and 1989. We sustain respondent on this issue. D. Net Operating Loss Carryforward Respondent determined that petitioners may not deduct net operating losses carried forward to 1988 and 1989 because petitioners did not establish the amount of the losses or that the losses had not been absorbed in prior years. Petitioners bear the burden of proving that they had net operating losses from 1982 to 1987. Rule 142(a); United States v. Olympic Radio & Television, Inc., 349 U.S. 232, 235 (1955). Petitioners must prove the amount of the net operating loss carryforward and that the losses were not absorbed by their gross income in those years. Sec. 172(c); Jones v. Commissioner, 25 T.C. 1100, 1104 (1956), revd. and remanded on other grounds 259 F.2d 300 (5th Cir. 1958); Vaughan v. Commissioner, 15 B.T.A. 596, 600 (1929). Respondent contends that petitioners had unreported income before 1988, that petitioners may not deduct a casualty loss in 1985, and that petitioners may not exclude income under section 911 from 1982 to 1989. Petitioners argue that because respondent first raised these issues at trial, we should not consider them. We need not decide this issue because petitioners did not prove that they had deductions in excess of their reported income from 1982 to 1987, even if we do not consider whether they hadPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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