- 20 - As further support for respondent’s position that York did not acquire the loans to shareholder accounts, we note that “Loans to stockholder” of $111,484 are listed as an asset at yearend on both the Schedules L filed with Mid-Nebraska’s tax returns for 1992 and 1993. Statements on a Federal tax return are admissions under rule 801(d)(2) of the Federal Rules of Evidence and will not be overcome without cogent evidence that they are wrong. See, e.g., Waring v. Commissioner, 412 F.2d 800, 801 (3d Cir. 1969) (“The valuation [of license agreement] given in the return was an admission, and although it is not conclusive, the Tax Court was entitled to judge its weight as evidence.”), affg. per curiam T.C. Memo. 1968-126; United States v. Hornstein, 176 F.2d 217, 220 (7th Cir. 1949) (cost of goods as shown on return were chargeable to taxpayer until he offered credible evidence that figures were in error); Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989) (values of stock reported on estate tax return are admission by taxpayer, and lower value could not be substituted without cogent proof that reported values were erroneous); Lare v. Commissioner, 62 T.C. 739, 750 (1974) (“Statements made in a tax return signed by a taxpayer may be treated as admissions.”), affd. without published opinion 521 F.2d 1399 (3d Cir. 1975). Petitioners have failed toPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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