- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011