Jerry Lee Harvey - Page 37




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          115 (1933).  The taxpayer's burden of establishing his                       
          entitlement to a net operating loss deduction includes the burden            
          of substantiation.  See Hradesky v. Commissioner, 65 T.C. 87, 90             
          (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976).  The Court            
          is not bound to accept unverified, undocumented testimony of the             
          taxpayer.  See id.                                                           
               At trial, the principal evidence presented in support of his            
          claim was petitioner's own discursive testimony.  Petitioner also            
          submitted written narratives to chronicle his losses, along with             
          photocopies of certain records.                                              
               We do not find petitioner to be a credible witness, and we              
          give his testimony no weight.  The photocopied records are not               
          sufficient evidence from which the Court can determine the amount            
          of and the right to deductions or losses for prior years.                    
          Petitioner has therefore failed to meet his burden of proof.                 
          Petitioner is not entitled to the asserted net operating losses              
          for the years in issue.                                                      
          Issue 7.  Fraud                                                              
               Respondent determined that petitioner is liable for the                 
          addition to tax for fraud under section 6653(b) for the years                
          1978 through 1983 and 1985 through 1988.5  Respondent determined             
          that petitioner is liable for the fraud penalty pursuant to                  


               5Petitioner concedes that the addition to tax for fraud                 
          applies for 1981.                                                            




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