Bill L. and Nancy L. Turner - Page 6




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          to business property and the loss on the sale was a business                
          loss.                                                                       
               Mr. Strand prepared petitioner’s 1994 return.  Petitioners             
          relied on Mr. Strand’s tax advice in the preparation of their               
          1994 return.  Petitioners reported the $499.98 they received on             
          the sale of the Belair property, for 1-week’s early occupancy, on           
          Schedule E, Supplemental Income and Loss, of their 1994 return as           
          rental income from the Belair property.  Petitioners also                   
          reported a $35,428 loss on the sale of the Belair property on               
          Form 4797, Sales of Business Property, which they attached to               
          their 1994 return.  Petitioners filed their 1994 joint Federal              
          income tax return on December 8, 1997.                                      
          Discussion                                                                  
          I.   Loss on Sale of the Belair Property                                    
               Deductions are a matter of legislative grace, and                      
          petitioners have the burden of showing that they are entitled to            
          any deduction claimed.  Rule 142(a); New Colonial Ice Co. v.                
          Helvering, 292 U.S. 435, 440 (1934).5                                       
               Section 165(c) limits the deduction for losses pursuant to             
          section 165(a) by individuals to:                                           
                    (1) losses incurred in a trade or business;                       


               5  Cf. sec. 7491(a), effective for court proceedings arising           
          in connection with examinations commencing after July 22, 1998.             
          Petitioners do not contend that their examination began after               
          July 22, 1998, or that sec. 7491(a) is applicable to their case.            






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