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d. Petitioner’s Statements to Family and Friends
Petitioner points out that some of his family members and
friends testified that he told them in the 1970s that he intended
to reside in the United States. We have no reason to doubt that
testimony, but we believe petitioner’s actions over the years
speak more clearly to his intent than his statements to those
witnesses.
e. The Petition in This Case
Petitioner signed both petitions which state that he became
a U.S. resident in 1982. We treat those statements as
petitioner’s admission that he was not a resident of the United
States in 1979. Statements in petitions filed in this Court are
binding admissions by a taxpayer absent cogent proof that they
are incorrect. See Beard v. Commissioner, 82 T.C. 766, 768 n.6
(1984), affd. 793 F.2d 139 (6th Cir. 1986); Mooneyham v.
Commissioner, T.C. Memo. 1991-178. Petitioners have not
presented cogent proof that petitioner was a resident of the
United States in 1979.
3. Conclusion
We conclude that petitioner was not a U.S. resident in 1979.
C. Whether Petitioner Is Entitled To Deduct an Expropriation
Loss in the Same Amount as That Allowed by Respondent in a
Settlement With His Father and Brother
Respondent permitted petitioner’s brother and father each to
carry forward expropriation losses of $3,868,946 from 1980.
Petitioners contend that his losses were the same as his father
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