Eryck C. Aston - Page 9

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          arguments have some colorable merit.”  Crain v. Commissioner, 737           
          F.2d 1417, 1417 (5th Cir. 1984).                                            
               Petitioner also appears to argue that he is entitled to a              
          loss deduction related to (1) property seized by the Government,            
          and (2) theft of his property by his ex-wife, Lonnie Probst.                
          Petitioner does not explain in what year he is entitled to these            
          deductions.                                                                 
               In the case at bar, petitioner presented the same                      
          documentary evidence regarding the aforementioned losses as he              
          presented in Aston v. Commissioner, T.C. Memo. 2003-104 (Aston              
          I).  In the case at bar, however, petitioner did not offer any              
          testimony in support of these losses.                                       
               Even if we were to consider petitioner’s testimony from                
          Aston I, the evidence does not establish that any of the alleged            
          losses (from the seizure of the firearms or the alleged theft of            
          property) occurred in 1987, 1988, 1989, or 1992. On the basis of            
          the foregoing, we sustain respondent’s deficiency determinations            
          for 1987, 1988, 1989, and 1992, and his determinations regarding            
          petitioner’s liability for the additions to tax pursuant to                 
          section 6661 for 1988 and sections 6651(a) and 6654(a) for 1992.            
               2.   Additions to Tax and Penalties for Civil Fraud                    
               Respondent determined additions to tax and penalties for               
          fraud for 1987, 1988, and 1989.  The Commissioner has the burden            
          of proving fraud by clear and convincing evidence.  Sec. 7454(a);           






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