- 16 - deduction was taken in a prior year. Petitioners also bear the burden to prove that the losses have not been previously absorbed. Williams v. Commissioner, T.C. Memo. 1991-317, affd. without published opinion 996 F.2d 1230 (9th Cir. 1993). When a deduction is carried forward from one year to the next, the taxpayer must keep records to substantiate the amount that is carried forward. Sec. 1.6001-1(e), Income Tax Regs. In the instant case, petitioners cannot show conclusively that the losses, if any, would not have been previously absorbed. The pertinent transactions occurred as of October 31, 1979 (Riviera), and May 9, 1980 (Arizona Marine). Without access to petitioners' Federal income tax returns or the relevant return information for tax years 1979 and 1980, we find that it is impossible to determine whether or not the losses were absorbed. Based on the foregoing, we must conclude that petitioners failed to carry their burden of proving that deductible losses were suffered on the Riviera and Arizona Marine transactions. Petitioners have not offered sufficient evidence to prove their bases in the assets they received from those transactions. Additionally, we find that they failed to carry their burden of proving that any losses would not have been fully absorbed prior to the year in question. With respect to these issues, we have considered all arguments made by petitioners, and, to the extent not addressed above, find them to be without merit. To reflect the foregoing,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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