- 30 - 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.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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