Gerald E. and Nancy J. Toberman - Page 21




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              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.                                                              





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