William Barry Blythe and Cheryl Lynn Blythe - Page 4




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          $2,414.  Petitioners did not report any gain or loss with respect           
          to the foreclosures on the ten parcels in their 1994 and 1995 tax           
          returns.                                                                    
               On January 11, 1994, Franz Huber and Nancy Huber (the                  
          Hubers) and petitioners entered into a "Lease with Option to                
          Purchase" (lease).  Pursuant to the lease, throughout the term of           
          the lease which began on March 1, 1994, and ended on February 28,           
          1997, the Hubers agreed to lease to petitioners, and petitioners            
          agreed to pay the Hubers monthly rent of $2,200 for, certain real           
          property located in Temecula, California, which petitioners used            
          as their personal residence (personal residence).  The Hubers               
          also granted to petitioners in the lease the option to purchase             
          for $389,000 the personal residence, which petitioners could                
          exercise at any time during the period March 1, 1994, through               
          February 28, 1997, by giving 60 days' written notice to the                 
          Hubers.  Petitioners did not claim any mortgage loan interest               
          deductions with respect to the personal residence in their 1994             
          return.                                                                     
               In the notice of deficiency (notice) issued to petitioners             
          for 1994, respondent disallowed the expenses that they claimed in           
          their 1994 Schedule C because they did not establish that those             
          expenses were paid or incurred during 1994 and/or that they were            
          ordinary and necessary expenses within the meaning of section               
          162(a).  Respondent further determined in the notice that the net           
          profit that petitioners reported in their 1994 Schedule C should            
          be increased by the amount of those disallowed expenses and that,           

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