Jerry J. and Susan N. LeBouef - Page 14




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               To summarize, petitioners have failed to overcome their                
          initial reporting of $244,270 as gross receipts of their sole               
          proprietorship.  Moreover, because petitioners also readily                 
          concede that they have no substantiation for the identical amount           
          claimed as cost of goods sold, we sustain respondent’s                      
          determination with respect to the adjustment to petitioners’                
          Schedule C income.                                                          
          IV.  Partnership Loss                                                       
               As previously indicated, petitioners deducted on their 1993            
          return $19,791, representing their 50-percent share of a loss               
          allegedly incurred by Toro Leasing on a disposition of business             
          property.  Respondent disallowed the claimed loss in the notice             
          of deficiency on the grounds that petitioners failed to                     
          “establish that the amount shown was (a) a loss, and (b)                    
          sustained by you”.  Petitioners’ position on this issue is that             
          they “are entitled to rely on the K-1 from Toro Leasing, a                  
          partnership, as adequate substantiation for the loss”.                      
          Petitioners apparently believe that because Ms. Nierich did not             
          audit the partnership, the Schedule K-1 is not subject to                   
          challenge.  Existing caselaw, however, belies petitioners’                  
          interpretation of the burden to be borne by taxpayers in this               
          situation.                                                                  
               The parties stipulated that “Toro Leasing is not governed by           
          the provisions in the Tax Equity and Fiscal Responsibility Act of           






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