General K. Hilliard and Ida M. Hilliard - Page 4

          expenses for the years 1984 through 1988 as follows:                        
                           1984     1985       1986     1987    1988                 
          Income            none    $1,250     $2,900    none    none                 
          Expenses                                                                    
          Repairs                  8,534      2,380   $4,029                          
          Insurance,                                                                  
          taxes, fees             20,810    15,387    5,500   $939                    
          Interest       17,333    20,366   10,520                                    
          Depreciation   $28,482   47,851    47,260   39,875                          
          Claimed Loss    28,482   93,278    82,493   59,924    939                   
          Petitioners also claimed losses from rental activity in the                 
          amounts of $19,068, $18,794, $19,649, $19,347, and $16,107 for              
          the years 1984, 1985, 1986, 1987, and 1988, respectively.                   

          II.  General Legal Principles                                               
               As a general rule, the Commissioner's determinations are               
          afforded a presumption of correctness, and the taxpayer bears the           
          burden of proving that those determinations are erroneous.  Rule            
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  Moreover,            
          deductions are a matter of legislative grace, and the taxpayer              
          bears the burden of proving that he is entitled to claimed                  
          deductions.  Rule 142(a); New Colonial Ice Co. v. Helvering, 292            
          U.S. 435, 440 (1934); Welch v. Helvering, supra.  This includes             
          the burden of substantiating the amount and purpose of the item             
          claimed.  Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd.            
          per curiam 540 F.2d 821 (5th Cir. 1976).                                    
               In determining whether petitioners are entitled to deduct              
          losses from their boat chartering and residential rental                    
          activities, we must decide whether these activities were engaged            
          in for profit within the meaning of section 183.  Section 183(a)            




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