William R. & Carol Enyart - Page 9




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          unidentified property claimed to have been sold on the install-             
          ment method and that their installment sale income for 1992                 
          equaled $20,000.  The $20,000 of installment sale income claimed            
          in Form 6252 was then reported as “Section 1231 gain from in-               
          stallment sales from Form 6252" in Form 4797, Sales of Business             
          Property, which petitioners attached to their joint return and as           
          “Gain from Form 4797" in Schedule D of that return.                         
               In the notice of deficiency (notice) issued to petitioners             
          for the year at issue, respondent determined that Mr. Enyart                
          received from B&L as consideration for Mr. Enyart’s covenant the            
          B&L equipment valued at $300,000.  Consequently, respondent                 
          determined in the notice to increase petitioners’ taxable income            
          for 1992 by $300,000.3  Respondent further determined in the                
          notice that petitioners are liable for 1992 for the accuracy-               
          related penalty under section 6662(a).                                      
               Petitioners bear the burden of proving that the determina-             
          tions in the notice are erroneous.  See Rule 142(a); Welch v.               
          Helvering, 290 U.S. 111, 115 (1933).  That this case was submit-            
          ted fully stipulated does not change that burden or the effect of           
          a failure of proof.  See Rule 122(b); Borchers v. Commissioner,             
          95 T.C. 82, 91 (1990), affd. 943 F.2d 22 (8th Cir. 1991).                   


               3As a correlative determination, respondent eliminated the             
          $20,000 of capital gain that petitioners reported in Schedule D             
          of their joint return as “Gain from Form 4797" (i.e., “Section              
          1231 gain from installment sales from Form 6252").  Respondent              
          also made other correlative determinations.                                 




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