Alton W. Burns and Pamela Burns - Page 16

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            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,                                                              




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