Estate of Melvin W. Ballantyne, Deceased, Jean S. Ballantyne, Independent Executrix, and Jean S. Ballantyne - Page 46




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          have the necessary information to provide specific amounts when             
          he prepared BBP’s tax returns.  However, the fact that the                  
          partnership returns failed to report specific amounts of assets             
          and liabilities does not mean that Russell did not have a                   
          positive basis in his partnership interest.  It is evident that             
          the partnership returns are incorrect, and respondent cannot rely           
          upon them to meet his burden.                                               
               At trial, Russell introduced two loan statements addressed             
          to BBP.  The first statement, from FCS of NW North Dakota,                  
          reflects an operating loan with a principal balance of                      
          $678,860.67 as of January 1, 1994, and $649,537.49 as of December           
          31, 1994.  The second statement, from the First Bank Minot,                 
          reflects a loan with a balance of $157,803.26 as of March 31,               
          1994.  Russell claims that these loans reflect a basis of at                
          least one-half of the combined loan balances, or $403,670,                  
          because he obligated himself for the partnership debt.26  Russell           
          claims that he had additional basis as a result of certain                  
          adjustments contained in the notice of deficiency.  Russell also            
          contends that Melvin withdrew more money from BBP over the years            


               25(...continued)                                                       
          Melvin’s death, the assets of BBP “consisted of cash, marketable            
          securities, notes receivable, oil and gas properties, office                
          furniture and fixtures, farm inventory, seed, buildings and                 
          equipment having a fair market value of $1,463,019.”                        
               26At trial, Russell and Mr. Feldmann testified that these              
          loans were fully paid in 1998, one-half by Russell and one-half             
          by a limited partnership formed for Melvin’s children.                      





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