Stan Pyron and Ruth S. Pyron - Page 10

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          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.                                                                 




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