- 22 - to petitioner and reduce the claimed loan balance owed to petitioner. As previously mentioned, petitioner and Frick failed to testify at trial, leaving unanswered significant questions regarding their relationship to Blackland and Garland Farms and the nature of the transactions in question. Under Wichita Terminal Elevator Co. v. Commissioner, supra, we infer that petitioner’s testimony, if in evidence, would not have supported the loan characterization of the funds in dispute nor the claimed 1995 worthlessness thereof. Petitioner is not entitled to the claimed $3,207,578 bad debt deduction for 1995 and the claimed net operating loss carrybacks relating thereto are not allowable. All other issues in this case were either expressly conceded by petitioner or, due to abandonment at trial and on posttrial briefs, are deemed conceded by petitioner. See, e.g., Burbage v. Commissioner, 82 T.C. 546, 547 (1984), affd. 774 F.2d 644 (4th Cir. 1985); Zimmerman v. Commissioner, 67 T.C. 94, 105 (1976); Hunt v. Commissioner, 22 T.C. 228, 229 (1954). To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Last modified: May 25, 2011