Abraham and Dina Weiss - Page 16




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          reasonableness of the income projections, if any--other than Mr.            
          Weiss' assurances to us that he thought that Oshtemo-Kalamazoo              
          had a tremendous “upside” potential.  In sum, petitioners'                  
          evidence falls far short of demonstrating that the Oshtemo-                 
          Kalamazoo program possessed the economic substance needed to                
          support the tax deductions and credits at issue.  We sustain                
          respondent's determination as to this issue.                                
          Bases of Amortizable Assets                                                 
               The Internal Revenue Code permits taxpayers to claim                   
          deductions for amortization in specific situations, for example,            
          the amortization of the cost of acquiring a lease under section             
          178.  Section 1016 requires adjustments to basis with respect to            
          amounts deducted as amortization expenses.  Petitioners have                
          provided no evidence with respect to the bases or costs of assets           
          amortized by Oshtemo-Kalamazoo.  We therefore have no cause to              
          question respondent's disallowance of amortization deductions.              
          Examination of Partnership Return                                           
               On brief, petitioners attack respondent's disallowance by              
          insisting that respondent disallowed the losses and credits                 
          claimed on their returns without initially making adjustments to            
          the partnership Federal income tax returns.  Even if true,                  
          petitioners' assertion does not avail them here.  A trial before            
          this Court is a proceeding de novo, and our determination as to             
          petitioners' tax liability must be based on the merits of the               
          case and not on any record developed at the administrative level.           
          Greenberg's Express, Inc. v. Commissioner, 62 T.C. 324, 328                 

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