- 5 - On audit, due to lack of substantiation, respondent disallowed petitioners' claimed NOL carryovers for 1991 through 1994, and respondent determined petitioners' joint taxable income and joint Federal income tax liability for 1991 through 1994 as follows: Year Taxable Income Tax Liability 1991 $32,758 $ 4,916 1992 57,327 11,397 1993 69,605 14,698 1994 40,567 6,421 OPINION In general, taxpayers are expected to maintain adequate records to substantiate claimed losses, and taxpayers bear the burden of proving that they are entitled to claimed losses. See sec. 6001; Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Respondent argues that petitioners have not substantiated the NOL carryovers claimed on their 1991 through 1994 joint Federal income tax returns. Alternatively under section 108(b), respondent argues that if the NOL carryovers are found to be substantiated, petitioners' discharge of indebtedness from the bankruptcy proceeding in 1988 would eliminate the NOL carryovers. Petitioners assert that during 1980 through 1987 they incurred large losses from their farm and oil and gas exploration activities that generated the large claimed NOL carryoversPage: Previous 1 2 3 4 5 6 7 Next
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