Harvey L. Hoover - Page 30

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               D.   Capital Loss                                                      
               Petitioner claimed a capital loss of $31,000 on his 1991 tax           
          return.  On brief, petitioner now asserts that he is entitled to            
          a capital loss of $48,000, which resulted from the sale of his              
          farm.                                                                       
               The taxpayer bears the burden of proving the loss claimed.             
          Rule 142(a).  “Where the taxpayer does not prove basis this Court           
          has consistently held that his loss cannot be computed.”  Millsap           
          v. Commissioner, 46 T.C. 751, 760 (1966), affd. 387 F.2d 420 (8th           
          Cir. 1968).                                                                 
               Petitioner offered only his tax returns and a letter                   
          prepared by his certified public accountant as evidence of the              
          claimed capital loss.19  “The Commissioner need not accept as               
          complete, correct, and accurate, the returns filed or the sworn             
          statement of the taxpayer that his returns completely and                   
          correctly disclose his tax liability.”  Halle v. Commissioner, 7            
          T.C. 245, 250 (1946), affd. 175 F.2d 500 (2d Cir. 1949).  The               
          documents fail to establish the basis in the farm property or the           
          amount that petitioner realized from the sale of that property.             
          Therefore, we sustain respondent’s determination that petitioner            
          is not entitled to a capital loss of $31,000.                               




               19 Petitioner’s certified public accountant did not support            
          his letter and computation with documentation.                              




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