Gary S. and Julie A. Brown - Page 8




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          that the payment might have otherwise given rise to a deduction             
          for 1997 under section 162, but claims that $98,471 of that                 
          payment duplicates expenses already deducted by petitioner in               
          prior years.  As respondent views the matter, petitioners are not           
          entitled twice to deduct the same expense.  Petitioners agree               
          with that principle, but argue that the rent deductions claimed             
          in 1993, 1994, and 1995 do not relate entirely to the lease.                
          According to petitioners, the rent expense deductions claimed in            
          1993, 1994, and 1995 include, in part, rent expenses connected to           
          the lease, and, in part, rent expenses not connected to the                 
          lease.                                                                      
               For example, petitioners claim that they paid $500 per month           
          in storage fees for client records not stored on the premises               
          covered by the lease.  They also suggest that a portion of the              
          rental expense deduction shown in 1993, 1994, and 1995 might have           
          included some office in the home expenses.                                  
               We reject petitioners’ claim on this latter point.  There is           
          insufficient evidence in the record to support any finding                  
          regarding the use of petitioners’ residence for business purposes           
          during any of the relevant periods.  We accept their claim,                 
          however, that a portion of the rent deduction claimed in the                
          years 1993, 1994, and 1995 related to rent expenses not connected           
          with the lease.                                                             








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