shared these liabilities with various codebtors. A large number of codebtors could have reduced Mr. Kahle's share of the debt discharged. But, the discharge by the bankruptcy court did not list so many codebtors as to make it likely that, in the end, Mr. Kahle's share of the liability ultimately discharged could have been less than the amount of the NOL, so that some portion of the NOL would have been returned unused to him. In addition, there is no evidence in the record that there was any depreciable property in the bankruptcy estate in respect of which an election under section 108(b)(5) was made, nor did petitioners offer any evidence that the basis of any such property could have been reduced by the discharge of debt under section 108(b)(5) in place of a reduction of the NOL. In any event, the burden was on petitioners to prove any such ameliorating circumstances. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 114 (1933). That burden is not lessened in a fully stipulated case. Borchers v. Commissioner, 95 T.C. 82, 91 (1990), affd. 943 F.2d 22 (8th Cir. 1991). In sum, we hold that the 1990 NOL was not available for use by petitioners in 1991. Firsdon v. United States, supra. Addition to Tax and Penalty Respondent determined an addition to tax for delinquency under section 6651(a)(1) and a penalty for substantial understatement under section 6662(d). Petitioners have the burden of proof. Rule 142(a); Tippin v. Commissioner, 104 T.C. 518, 533 (1995). Petitioners have conceded that the return forPage: Previous 1 2 3 4 5 6 7 8 9 Next
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