- 9 - of the foregoing $3,434,500 assets. Accordingly, his argument continues, if such claims are eliminated he should be treated as insolvent, and he thus qualifies for the insolvency exception of section 108. However, even if section 108 were otherwise applicable, contrary to our conclusion above, the difficulty with that position is that he has presented no evidence as to the worthlessness of those claims. And, in the absence of any clarifying evidence, the mere fact that the trustee in bankruptcy may not have pursued those claims or may not have realized on any of them for whatever reason is hardly sufficient to conclude that petitioner has carried his burden of proof. The fact that this case was submitted to us on a stipulation of facts does not relieve petitioner of his burden of proof. Borchers v. Commissioner, 95 T.C. 82, 91 (1990), affd. 943 F.2d 22 (8th Cir. 1991). We hold that on this record there is no valid basis for changing our conclusion that section 108(a)(1)(B) is inapplicable here. In the circumstances, we do not even reach the question posed by section 108(a)(3)3 which in effect limits the amount excludable to the amount necessary to bring the taxpayer up to 3 Section 108(a)(3) states: (3) Insolvency exclusion limited to amount Of insolvency.-- In the case of a discharge to which paragraph (1)(B) applies, the amount excluded under paragraph (1)(B) shall not exceed the amount by which the taxpayer is insolvent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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