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irrelevant to the issues in these cases. See Greenberg’s
Express, Inc. v. Commissioner, 62 T.C. 324, 327 (1974).
Petitioners’ concession in the stipulation that they bear the
burden of proof on all issues is consistent with their failure to
cooperate during the course of the audit, the absence of required
books and records during the audit or at trial, and their failure
to present credible evidence at trial. See sec. 7491(a).
Because of their concession, it is unnecessary for us to make any
findings concerning events occurring during the audit.
Respondent does not dispute that petitioners would be
entitled to offset against gross receipts any substantiated
deductions attributable to Bioactive Kansas Trust. However,
petitioners produced only Bonnie Stejskal’s vague testimony,
which did not identify, explain, or quantify any of the alleged
deductions and expenses. There is no evidentiary basis in this
record for any estimates of deductible expenses. See Williams v.
United States, 245 F.2d 559 (5th Cir. 1957); Vanicek v.
Commissioner, 85 T.C. 731, 743 (1985).
Petitioners have failed to prove that they are entitled to
any adjustments other than those set forth in the stipulations.
To give effect to the stipulations,
Decisions will be entered
under Rule 155.
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Last modified: May 25, 2011