-418- OPINION On brief, petitioners acknowledge there is no specific evidence in the record establishing the existence of a computer leasing transaction by GLS Associates Partnership out of which the claimed loss arose. However, petitioners contend there is evidence in this record with respect to other computer leasing transactions entered into by other entities, arguing on brief: The record is replete with evidence regarding [certain] computer sale/leaseback transactions [of other entities]; otherwise neither party submitted any evidence with respect to * * * [GLS’ computer sale/leaseback] transaction except that the parties have both introduced argument and information pertaining to the case of HGA Cinema Trust v. Commissioner, T.C. Memo. 1989-370, affd. 950 F.2d 1357 (7th Cir. 1991) * * *. Petitioners maintain the GLS Associates computer sale/leaseback transaction was “essentially the same in substance and form” as the SLG Partners computer sale/leaseback transaction considered by this Court in HGA Cinema Trust v. Commissioner, T.C. Memo. 1989-370, affd. 950 F.2d 1357 (7th Cir. 1991). Petitioners appear to refer to evidence presented in connection with an IRA computer equipment leasing transaction as proof they are entitled the loss they claimed with regard to GLS Associates. Respondent, on the other hand, contends petitioners failed to carry their burden of proof under Rule 142(a). Petitioners failed to propose any findings of fact on this issue in their posttrial opening brief. Petitioners arePage: Previous 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 Next
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