- 14 - to costs incurred in buying or selling the properties, or in foreclosure expenses. Petitioners’ situation in this case is a result of their own inexactitude and failure to maintain records of their expenses. Further, we find petitioners’ efforts before trial to locate any records that might be in the hands of third parties especially lax. 4. Petitioners Failed To Call Key Witnesses We note that neither Grant Hornbeak (petitioners’ partner in the real estate transactions) nor anyone from Gendron & Co. (petitioner’s accountant and preparer of the 1994 through 1999 tax returns) was called as witnesses. We infer that their testimony would not have been favorable to petitioners. Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). 5. The Court Will Not Estimate Petitioners’ Claimed NOLs Despite the above mentioned discussion, petitioners argue that they have substantiated their claimed net operating losses for taxable years 1994 through 1999, based upon their alleged bases in the properties and losses from the foreclosures. Petitioners derived these numbers from property records gathered by Revenue Agent Grennan during the audit. Petitioners argue that at the time of foreclosure, they had bases and losses in the properties as follows:Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011