Clinton N. and Naomi K. Bohannon - Page 23

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            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 had                                   






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