- 10 - Respondent argues7 that the underlying investment in this case is similar to that in Provizer v. Commissioner, T.C. Memo. 1992-177, affd. without published opinion 996 F.2d 1216 (6th Cir. 1993). Petitioner in her brief represents that "This case is substantially similar to" Zidanich v. Commissioner, T.C. Memo. 1995-382 (underlying transactions and recyclers were the same as those considered in Provizer v. Commissioner, supra). Petitioner distinguishes Provizer on bases other than the substance of the underlying transaction. We therefore assume that the underlying transaction in this case is similar to that of Provizer, where we held that the transaction was a sham and lacked economic substance.8 Petitioner contends that she was an "unsophisticated" investor with no "formal training or work experience in investments" and that she relied on Russell in making the investment. She complains that she should not have to "independently investigate every detail of her investment". 7Although we have characterized respondent's position as one of argument, she considers it stipulated that the underlying transactions here are analogous to those in Provizer v. Commissioner, T.C. Memo. 1992-177, affd. without published opinion 996 F.2d 1216 (6th Cir. 1993). Paragraph 2 of the stipulation of settled issues is ambiguous, but may be so interpreted. 8Even absent this assumption it would be petitioner's burden to prove the context in which the deductions and credits were taken. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Bixby v. Commissioner, 58 T.C. 757, 791-792 (1972).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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