Gerald Q. and Patricia R. Ashbrook - Page 6




                                        - 6 -                                         
          reflected on their 1991 through 1994 joint Federal income tax               
          returns.  Petitioners argue that through a reconstruction of                
          their records they have adequately established and substantiated            
          the claimed NOL carryovers.  Petitioners also assert that under             
          section 108 only a small portion of the claimed NOL carryovers              
          would be eliminated.                                                        
               With limited exceptions, petitioners' Federal income tax               
          returns and records relating to 1980 through 1989 were not                  
          introduced into evidence.  Petitioners' testimony is inconsistent           
          and not credible.  Based on the evidence, we hold that                      
          petitioners have not met their burden of substantiating the                 
          claimed NOL carryovers, and we sustain respondent's disallowance            
          thereof.                                                                    
               Apparent copies of petitioners' Federal income tax returns             
          for 1980, 1987, and 1988 are in evidence and show claimed NOL's.            
          No further books and records or credible evidence, however,                 
          support the claimed NOL's.                                                  
               Petitioners allege that copies of their income tax returns             
          were stolen from their rental storage unit.  Petitioners' report            
          of the theft, however, did not indicate any loss of petitioners'            
          income tax returns or records.                                              
               Petitioner testified that his mother had custody of records            
          relating to the farm and to petitioners' oil and gas activities             
          and that petitioners' reconstruction of their income tax returns            






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011