- 6 -
return”. Respondent’s records do not reflect any amount of 1990
estimated tax payments; nor do they reflect any carryover credit
from 1989 to 1990. To the contrary, as previously discussed,
respondent carried back a portion of petitioners’ 1990
overpayment to satisfy petitioners’ unpaid 1989 Federal tax
liabilities.
Petitioners have failed to establish that they are entitled
to a carryover credit from 1990 to 1991 in excess of $152. See
Rule 142(a). In particular, there is no evidence in the record
that petitioners actually made 1990 estimated tax payments or had
any amount available as a carryover from taxable year 1989, to
give rise to the claimed carryover from taxable year 1990. As
evidence, petitioners offered only petitioner husband’s very
general and uncorroborated testimony, which we find inadequate to
substantiate their claims. Cf. Geiger v. Commissioner, 440 F.2d
688, 689-690 (9th Cir. 1971), affg. per curiam T.C. Memo.
1969-159; Barber v. Commissioner, T.C. Memo. 1999-260.
Accordingly, we sustain respondent’s determination on this issue.
To reflect the foregoing and concessions by the parties,
Decision will be entered
under Rule 155.
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011