Gerald E. and Nancy J. Toberman - Page 10




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              In these circumstances, it was not arbitrary for respondent             
         to conclude that Bonnevista and Castle Towers were still in                  
         existence in March 1993, and that petitioner’s debts to the                  
         corporations were discharged when petitioner first represented to            
         respondent that he no longer owed the debts previously reported              
         to be owing to his wholly owned corporations.  We conclude that              
         respondent has made the requisite minimal evidentiary showing                
         linking petitioner to the discharge of indebtedness income in                
         question.  Accordingly, the presumption of correctness remains               
         intact, and petitioner bears the burden of rebutting the                     
         presumption by showing that the inference of gross income from               
         discharge of indebtedness was unreasonable.  See Page v.                     
         Commissioner, 58 F.3d 1342, 1347-1348 (8th Cir. 1995), affg. T.C.            
         Memo. 1993-398; Blohm v. Commissioner, supra at 1549.                        
              B.  Net Operating Loss Deduction                                        
              As regards respondent’s determination disallowing                       
         petitioners’ claimed net operating loss deduction for lack of                
         substantiation, the requirement that respondent make a predicate             
         evidentiary showing is inapplicable; petitioners bear the burden             
         of proving their right to, and the amount of, the claimed                    
         deduction.  See Amey & Monge, Inc. v. Commissioner, 808 F.2d 758,            
         761 (11th Cir. 1987), affg. T.C. Memo. 1984-642; Gatlin v.                   
         Commissioner, supra at 923.                                                  








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