-425- Petitioners’ entitlement to an investment tax credit carryover for 1978 is not addressed in the stipulation of settlement the parties filed with the Court on May 15, 1995. Petitioners now nevertheless contend that the disposition of the credit carryover issue is tied to the resolution of the underlying investment tax credit issue for 1977--a year that was not before the Court in these consolidated cases The Court rejects petitioners’ argument as contrary to the burden placed upon them under Rule 142(a). Petitioners presented no evidence to establish the existence of, nor their entitlement to, the claimed carryover. See Leavell v. Commissioner, T.C. Memo. 1996-117.165 Moreover, petitioners must bear responsibility for submitting to the Court a stipulation of settlement that does not make any reference to this issue. Since there are several factual matters that must be established to prove the amount of the carryover that were not established at trial, the Rule 155 computational process is not a forum within which this matter can be considered. See Price v. Commissioner, T.C. Memo. 1995-290. The Court, therefore, rejects petitioners’ argument that this issue is computational under Rule 155. Respondent is sustained on this issue. 165 For example, the burden of proof includes not only establishing the amount of the investment credit for the year the credit was earned but also establishing what portion of the credit was absorbed or applied in the carryback of the credit to prior years, after which the remaining amount of the credit can be applied to the first carryforward year.Page: Previous 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 Next
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