Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 360

                                                -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 are                                     






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