Gerald Q. and Patricia R. Ashbrook - Page 5




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               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 carryovers                  






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