-421- computer leasing field and the pertinence of such experience to determine the potential [of the] transactions for profit.” Respondent, on the other hand, contends that petitioners failed to carry their burden of proof under Rule 142(a). B. Analysis Petitioners failed to meet their burden of proof on this issue. Petitioners offered no substantive evidence regarding Equitec’s computer leasing transactions. Petitioners’ legal arguments on brief are no substitute for evidence relating to Equitec’s transactions. For instance, even assuming for the sake of argument that Kanter’s prior experience in similar investments may be a relevant factor to be considered in determining whether Equitec had an actual and honest profit objective, that factor alone is far from dispositive. See sec. 1.183-2(b), Income Tax Regs. Consequently, the Court sustains respondent’s determination on this issue. See Rule 142(a). Issue XVII. Whether the Kanters Are Entitled to an Investment Interest Expense Deduction for 1981 (STJ report at 167-168)163 On their 1981 income tax return, the Kanters deducted $45,095 identified as investment interest expense related to GLS Associates. Respondent disallowed this deduction in the notice of deficiency, which stated in pertinent part: 163 The Court’s disposition of this issue represents in large measure a wholesale adoption of the recommended findings of fact and conclusions of law set forth in the STJ report.Page: Previous 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 Next
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