Michael H. Johnson and Patricia E. Johnson - Page 9




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               Liabilities                                Value                       
               Unsecured bank loans                    $35,514                        
               Secured loans                           235,500                        
               Taxes payable                           309,610                        
               Real estate loans:                                                     
          First Union Mortgage                    200,891                             
               CA-Jon Hangar project loan         295,570                             
               CRV                                856,047                             
               Havasu rental                      80,194                              
               Antelope Valley Ford & Shuttle                                         
               Lincoln-Mercury facilities loan       1,854,980                        
               Total liabilities                       3,868,305                      
          Mr. Johnson's net worth schedule and Mrs. Johnson's net worth               
          schedule determined the individual net worth of each petitioner             
          to be ($1,945,988).                                                         
               Essentially, petitioners split the amounts contained on the            
          second joint net worth schedule in half, attributing one-half to            
          Mr. Johnson and the other half to Mrs. Johnson.                             
               Petitioners argue that to satisfy the net worth requirements           
          they only need to submit a statement, supported by an affidavit             
          executed by the moving party, that they meet the net worth                  
          requirements.  We disagree.                                                 
               Petitioners were put on notice that respondent was                     
          specifically objecting to an award of administrative and                    
          litigation costs because petitioners failed to prove they meet              
          the net worth requirements.  After a taxpayer is put on notice              
          that the Commissioner is specifically objecting to an award of              
          administrative and/or litigation costs because of the taxpayer's            
          failure to prove his net worth, the taxpayer must provide                   
          supporting information (i.e., evidence) to establish his net                
          worth.  See Estate of Hubberd v. Commissioner, 99 T.C. 335, 341             


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