- 9 - Respondent contends that Arcanum was not a small partnership for purposes of section 6231(a) because Arcanum’s partners Arthur Stern Jr. Account # 2 and Stuart D. Grodd IRA Account were trusts. Respondent points out that Arcanum’s 1990 return included a Schedule K-1 for a trust named Arthur Stern Jr. Account # 2, and that Arcanum’s 1990 and 1993 returns each included a Schedule K-1 for Stuart D. Grodd IRA Account, which was identified as a trust on the Schedules K-1. Since petitioner contends that we have jurisdiction to decide whether Arcanum had partnership losses, he must prove by a preponderance of the evidence that jurisdiction exists, Irwin v. VA, 874 F.2d 1092, 1096 (5th Cir. 1989), affd. 498 U.S. 89 (1990); Wheeler’s Peachtree Pharmacy, Inc. v. Commissioner, 35 T.C. 177, 180 (1960); La. Naval Stores, Inc. v. Commissioner, 18 B.T.A. 533, 536-537 (1929), that is, that each of Arcanum’s partners was an individual or an estate. Petitioner points out that Arcanum checked a box on its 1990, 1993, and 1994 returns indicating that it was not subject to the TEFRA partnership procedures and contends that the returns establish that fact. We disagree. Tax returns do not establish the truth of the facts stated in them. Lawinger v. Commissioner, 103 T.C. 428, 438 (1994); Wilkinson v. Commissioner, 71 T.C. 633, 639 (1979); Roberts v. Commissioner, 62 T.C. 834, 837 (1974). However, statements in a tax return signed by the taxpayer arePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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