- 11 - Respondent’s determination is presumed to be correct, and petitioner bears the burden of proof.3 See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). B. Whether Petitioner’s Capital Gain From the Sale of Stock in 1998 Was $408,092.98 Respondent determined that petitioner had capital gain of $1,100,526 from the sale of stock in 1998, but now contends that he had capital gain of $408,092.98. Respondent concedes that petitioner had capital losses of $77,358.42 in 1998 and that he had substantial bases in his IBM and Merck stock, instead of zero as determined in the notice of deficiency. Petitioner did not establish his basis in the first 10 shares of IBM stock he sold in 1998 or in the 159 shares of IBM stock transferred to his Schwab account on April 17, 1998. Similarly, petitioner did not prove his basis in the 1,276.4571 shares of Merck stock held in his Schwab account on August 1, 1997, or in the 1,800 shares of Merck stock transferred to his Schwab account on April 9, 1998. Petitioner does not dispute respondent’s calculation of gain on his sales of IBM and Merck stock. Thus, we hold that petitioner had capital gain of $408,092.98 in 1998. 3 Petitioner bears the burden of proof on the basis, capital loss carryforward, charitable contributions, and filing status issues. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The burden of proof for a factual issue may shift to the Commissioner under certain circumstances. Sec. 7491(a). Petitioner does not contend that sec. 7491(a) applies in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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