Dan Pistoresi and Elaine M. Pistoresi - Page 4




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          hold that petitioners are entitled a Schedule C utility expense             
          deduction in the amount of $250.                                            
               The second issue for decision is whether petitioners are               
          entitled to a loss deduction with respect to certain stock.                 
          Petitioners did not claim any stock loss deductions on their                
          return.  They first claimed these losses during the audit of                
          their 1992 taxable year.                                                    
               Petitioner husband established through his testimony and two           
          documents that he purchased stock in Codecard Inc. and Horizon              
          Tech Corp. sometime prior to 1989.  He failed to prove, however,            
          that the stock became worthless during petitioners' 1992 taxable            
          year.  Sec. 165(g); sec. 1.165-5(c), Income Tax Regs.  We                   
          therefore hold that petitioners are not entitled to a stock loss            
          deduction for 1992.                                                         
               The third issue for decision is whether petitioners are                
          entitled to a deduction for tax preparation fees.  Petitioners              
          submitted as evidence a charge for the preparation of their 1991            
          Federal income tax return which was paid during 1992.  In the               
          statutory notice of deficiency, respondent allowed petitioners              
          their claimed Schedule C deduction for legal and professional               
          services in the amount of $1,000.                                           
               We find that petitioners have not proved that the amount               
          allowed by respondent as a Schedule C deduction for legal and               
          professional services did not include the amount paid for the tax           
          preparation fees.  Moreover, the tax preparation fees would only            
          be allowable as a Schedule A miscellaneous expense deduction if             


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