- 27 - Mr. Gordon was not financially capable of making any such pay- ments. In July 1993, the Gordons executed an amendment to the separation agreement under which they agreed, inter alia, that any "tax liabilities that may be assessed" against them in connection with their joint tax liabilities shall be "the sole and absolute responsibility" of Mr. Gordon. After the Gordons separated, Ms. Gordon was responsible for and paid the mortgage loan on the Lincoln Plaza residence and all her own living expenses. The sources of those payments were Ms. Gordon's salary, the dividends on stocks that she owned, and the proceeds from the sale of some of her assets. OPINION Petitioners bear the burden of proving that respondent's determinations in the notice are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The Claimed 1988 NOL Deduction Section 1256 During 1986, Mr. Gordon sustained a net loss of $319,973 from trading options on the AMEX as an options market maker.10 10 The parties agree that the amount of Mr. Gordon's 1986 net trading loss that is in question is $319,973 and that that trading loss does not include the expenses of $4,750 that the Gordons reported in Schedule C of their 1986 return as having been incurred in connection with Mr. Gordon's trading activity during that year.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011