- 21 - Petitioners have failed to establish that any AAA existed for either Bonnevista or Castle Towers at the time of the discharge of petitioner’s indebtedness in 1993.17 In the absence of such evidence, it is not unreasonable to assume that in 1993 there was no AAA for either of these financially troubled corporations, especially since prior losses have the effect of reducing the AAA. See secs. 1367 and 1368. Furthermore, as previously discussed, petitioners have failed to show that Bonnevista and Castle Towers had accumulated earnings and profits in 1993 less than the amount determined by respondent to represent ordinary income from the discharge of petitioner’s indebtedness by each of these corporations. Accordingly, we sustain respondent’s determination that the discharge of petitioner’s indebtedness to Bonnevista and Castle Towers gave rise to ordinary income. III. Net Operating Loss Deduction Carryover On their 1993 Federal income tax return, petitioners claimed a net operating loss deduction of $3,992,234, comprising net operating loss carryovers for each of the years 1986 through 1991. In the case of net operating loss deductions, as with other deductions, petitioners bear the burden of proving their entitlement to the claimed deductions. See Rule 142(a); Jones v. 17 On its 1991 Form 1120S, Bonnevista reported no AAA. On its 1990 Form 1120S, Castle Towers reported AAA of $248,028 as of Dec. 31, 1990.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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