Abraham and Dina Weiss - Page 7




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          grouped the reasons for disallowance into three general                     
          categories.  The first is petitioners' asserted failure to                  
          demonstrate that Oshtemo-Kalamazoo was an activity entered into             
          for profit.  Respondent accordingly disallowed the claimed                  
          deductions for failure to meet the requirements of sections 162,            
          212, and 183.                                                               
               Alternatively, respondent contended that petitioners did not           
          establish the requisite ownership interest in the Oshtemo-                  
          Kalamazoo program; instead, respondent determined that the                  
          Oshtemo-Kalamazoo transactions were shams or lacked substance.              
          Finally, respondent determined that petitioners had not                     
          established the cost or basis of assets amortized by the                    
          partnership and that the cost used "was unreasonable and                    
          excessive and was not incurred for the stated purpose and that              
          the assets have an indeterminate useful life."                              
               Petitioners bear the burden of proof on all pertinent items.           
          See Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933).  All              
          claimed deductions and credits are matters of legislative grace             
          and must have a basis in the statute.  New Colonial Ice Co. v.              
          Helvering, 292 U.S. 435 (1934).  We are not required to find that           
          petitioner Abraham Weiss’ self-serving testimony meets that                 
          burden.  Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).  Even             
          if respondent does not present contradictory evidence, we may               
          still find, on the basis of the record, that petitioners’                   
          evidence falls short of meeting their burden of proof.  Fleischer           



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