- 16 - Silver Glen repaid a $49,000 loan to him in which he had no adjusted basis. This tax reporting does not establish, however, that petitioner made any economic outlay to Marc. V. Legal Expenses Petitioner claims that during 1997 he paid from his personal assets more than $350,000 of Marc’s expenses. He claims that he has been able to locate substantiation for only $70,454 of these expenses; accordingly, he claims basis in Marc for this amount.13 Petitioner bears the burden of proving that he incurred the claimed expenses, that they were paid to protect or enhance the value of his investment in Marc, and that they were contributions to Marc’s capital or loans to Marc. Thomson v. Commissioner, T.C. Memo. 1983-279, affd. without published opinion 731 F.2d 889 (11th Cir. 1984). Although the record contains evidence that legal bills aggregating $70,454 were paid during 1997, there is no evidence that the legal bills were paid by petitioner or on behalf of Marc.14 The parties have stipulated that the expenses in question were “recorded by” Silver Glen and “reallocated by adjusting journal entry” to Marc. Petitioner has offered no 13 Petitioner concedes that he lacks the requisite proof for the remainder of the alleged legal expenses and is therefore not entitled to basis with respect thereto. 14 The invoices identify the matters involved only as “Kaplan v. Brown” and “Philip Wolin Litigation”. The record contains no explanation as to how such matters might relate to Marc.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011