William Barry Blythe and Cheryl Lynn Blythe - Page 8




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          1402(a)(1).  Accordingly, we hold that petitioners are not liable           
          for self-employment tax for 1994.3                                          
          Claimed Deductions                                                          
               Claimed Deductions Relating to the Ten Parcels                         
               Petitioners claimed in their 1994 Schedule C various ex-               
          penses with respect to the activity in which they engaged involv-           
          ing the ten parcels.  They did not, however, claim any deprecia-            
          tion with respect to those parcels.  In the notice, respondent              
          disallowed the expenses that petitioners 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).                
               Petitioners contend that they are entitled to all of the               
          expenses that they claimed in their 1994 Schedule C except for              
          certain expenses which they have conceded.  In addition, they now           
          claim that they are entitled to depreciation for each of the ten            
          parcels in question.  Respondent disagrees.                                 
               Deductions are strictly a matter of legislative grace, and             
          petitioners bear the burden of proving that they are entitled to            
          any deductions claimed.  INDOPCO, Inc. v. Commissioner, 503 U.S.            

               3  In order to resolve the self-employment tax issue                   
          presented, we need not decide whether petitioners correctly                 
          included the rental payments from the ten parcels in question in            
          their 1994 Schedule C or whether they should have included those            
          payments in Schedule E for that year.  That is because,                     
          regardless whether petitioners were engaged in an activity during           
          1994 involving the ten parcels in question that constituted a               
          trade or business, we have found that petitioners were not                  
          engaged during that year in a trade or business as real estate              
          dealers.                                                                    

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