- 14 - petitioner’s cost bases in those assets. In Waterman v. Commissioner, T.C. Memo. 1990-497, the Commissioner had issued separate notices of deficiency to a husband and a wife (both nonfilers) making adjustments for, among other things, their failures to report gains on their disposition of a jointly owned inventory of paintings held primarily for sale to customers in the ordinary course of the husband’s trade or business as an art dealer. We found that their disposition amounted to a sale for $250,000, but we concluded that the record lacked any credible evidence of their joint basis in the paintings. The Commissioner’s adjustment was predicated on his claim that their joint gain was $250,000, because their joint basis was zero. While denying that they realized any gain, the taxpayers asserted that their joint basis was $100,000. We stated: “In the absence of evidence upon which to make a finding of fact or a reasonable estimate of petitioners’ basis, we must hold against the parties bearing the burden of proof on that issue.” Inasmuch as the wife bore the burden of proof in her case, we sustained the Commissioner’s claims that the couple’s joint basis in the paintings was zero and their joint gain was $250,000. We further held that she had to include in gross income her share of that gain. In the husband’s case, however, the Commissioner bore the burden of proof because, in the amended answer, he had changed the year in which he argued the disposition of the paintings hadPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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