- 17 - (1974). The question whether respondent made adjustments to the partnership Federal income tax returns before issuing the notice of deficiency to petitioners is thus irrelevant here. As noted above, petitioners have the burden of proving to this Court that they are not liable for the determined deficiencies. When they fail to meet this burden, as they have done here, we will sustain a deficiency notice disallowing a partnership loss even though the audit of the partnership was not yet final. Chaum v. Commissioner, 69 T.C. 156, 163-164 (1977).3 Petitioners also argue that there is a presumption that business deals take place at arm’s length. They conclude that, because respondent has not disproved their claims that the Oshtemo-Kalamazoo transactions were conducted at arm’s length, their Oshtemo-Kalamazoo transactions are presumptively valid and must be accepted for purposes of Federal income taxation. Petitioners again fail to recognize that it is their burden, and not respondent’s, to prove each fact needed to substantiate the 3 For taxable years beginning after Sept. 3, 1982, the Internal Revenue Code provides for determining the tax treatment of items of partnership income, loss, deductions, and credits at the partnership level in a unified partnership proceeding rather than in separate proceedings with the partners, pursuant to the audit and litigation procedures of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 324, 648. Partnership items include each partner's proportionate share of the partnership's aggregate items of income, gain, loss, deduction, or credit. Sec. 6231(a)(3); sec. 301.6231(a)(3)-1(a)(1)(i), Proced. & Admin. Regs. These provisions, however, are effective only for partnership taxable years beginning after Sept. 3, 1982. See TEFRA sec. 407(a)(1), 96 Stat. 670. Accordingly, they are not in effect for the years here at issue.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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