-419- misguided in their attempt to bootstrap this issue with that of the HGA Cinema Trust case regarding the SLG Partners computer sale/leaseback transaction. SLG Partners was a separate and distinct entity from GLS Associates, and the SLG Partners computer sale/leaseback transaction was a separate and different transaction from the GLS Associates transaction. It was incumbent on petitioners to introduce pertinent evidence on the GLS Associates transaction, as opposed to merely arguing that the GLS Associates transaction was essentially the same as the SLG Partners transaction. Petitioners failed to produce any evidence on this issue, and their self-serving legal arguments on brief do not constitute evidence. Consequently, the Court sustains respondent’s determination on this issue. See Rule 142(a).161 161 The Court also finds petitioners’ seeming reliance upon HGA Cinema Trust v. Commissioner, T.C. Memo. 1989-370, affd. 950 F.2d 1357 (7th Cir. 1991), curious, as petitioners are not arguing that this Court should reach a conclusion similar to its conclusion therein. In HGA Cinema Trust, this Court, among other things, determined that certain long-term promissory notes SLG Partners issued in connection with the purchase of computer equipment were not valid indebtedness. The taxpayer in HGA Cinema Trust was a trust that was a limited partner in SLG Partners. Kanter was the trust’s trustee and also its counsel in the litigation before this Court and the U.S. Court of Appeals for the Seventh Circuit. Moreover, in the instant cases, although there originally had been certain adjustments at issue between the parties relating to SLG Partners and K&D Associates (which latter entity, according to petitioners, simply held an interest in SLG Partners), those adjustments were settled by the parties. On May 15, 1995, the parties filed with the Court their stipulation of settlement as to certain issues between the Kanters and respondent. Pursuant to the May 15, 1995, stipulation of settlement, petitioners generally conceded the underlying SLG Partners and K&D Associates adjustments, except (continued...)Page: Previous 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 Next
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