- 10 - sec. 1.6001-1(a), Income Tax Regs. We conclude that petitioners did not carry their burden of substantiating the amount and purpose of either of the two bad debt deductions. Accordingly, we hold that petitioners are not entitled to the two bad debt deductions in the amounts of $633,897 and $4,010 for the worthlessness of loans allegedly made by petitioners to CME/CMA.3 Under the circumstances of the instant case, we are not required to, and we generally do not, rely on petitioner's testimony to sustain petitioners' burden of proving error in respondent's determinations. See Geiger v. Commissioner, 440 F.2d 688, 689-690 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159; Wood v. Commissioner, supra; Tokarski v. Commissioner, supra; Hradesky v. Commissioner, 65 T.C. 87 (1975). Accordingly, we sustain respondent's determinations. To reflect the foregoing, Decision will be entered under Rule 155. 3 As we stated above, in addition to disallowing the portion of the loss carryforward on petitioners' 1990 tax return attributable to the first bad debt deduction in the amount of $633,897, respondent recharacterized the amount as $64,085 in short-term capital loss and $460,526 in long-term capital loss. Respondent argues that petitioners conceded on brief that $158,586 should not be included in the first bad debt deduction of $633,897. Petitioners' argument regarding the $158,586 amount, however, was premised upon the mining companies' being treated as partnerships. As we address the bad debt deductions on other grounds, we do not view petitioners' argument as a concession.Page: Previous 1 2 3 4 5 6 7 8 9 10
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