- 11 - E. Whether Petitioner Realized $5,369 of Capital Gains From the Sale of Stock in 1993 Respondent determined that petitioner is liable for capital gains tax on $5,369 of capital gains that he realized from the sale of stock in 1993. Petitioner contends that he had a $34,000 loss from the sale of stock in 1993 that offset any gain he may have had in that year. We disagree. Petitioner offered no evidence to corroborate his claim that he had a $34,000 loss. We are not convinced that petitioner had a $34,000 loss from the sale of stock in 1993. Petitioner contends that proof of his claim that he had losses in 1993 on stock sales can be obtained from his stock brokerage firm. Petitioner did not identify the stock brokerage firm. The record is now closed. Petitioner has not shown that the brokerage records were not available for use at trial or could not have been obtained with reasonable diligence. Merely alleging that evidence can be obtained is not a sufficient basis to reopen the record. See Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 332-333 (1971); Purex Corp. v. Procter & Gamble Co., 664 F.2d 1105, 1109 (9th Cir. 1981); Mayer v. Higgins, 208 F.2d 781, 783 (2d Cir. 1953); Calcutt v. Commissioner, 91 T.C. 14, 25 (1988); Dean v. Commissioner, 56 T.C. 895, 900 (1971). We conclude that petitioner is liable for capital gains tax on $5,369 that he realized from the sale of stock in 1993.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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