Kent Maerki and Kathleen Turner - Page 11

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          shows total expenses for education in the amount of $5,000.  In             
          her brief, respondent notes the fact that this statement shows              
          only $5,000--rather than the $8,951--that petitioners claimed on            
          the Schedule C for ENT.  Respondent argues that this shows that             
          the other items of education expenses should be disallowed, but             
          respondent makes no argument on brief that specifically addresses           
          the $5,000 amount.  Based on the record before us, we hold that             
          petitioners are entitled to a $5,000 education expense deduction            
          with respect to ENT.                                                        
               Petitioner testified that the claimed education expenses               
          also include expenses for other items, such as the rental of                
          rooms from the Arizona Club and the rental of booths for home               
          shows.  Petitioner admitted that he had a personal account with             
          the Arizona Club and that he visited that establishment for                 
          nonbusiness purposes.  In addition, the Schedule C for ENT                  
          already claimed a deduction for the rental of other business                
          property in the amount of $3,569.63.  Petitioners have not shown            
          that the amount of rental expenses claimed as education expenses            
          is not included in the deduction allowed for rents on the                   
          Schedule C.  As previously noted, petitioners' own disbursement             
          journal shows that only $5,000 was spent for education.  Except             
          for the $5,000, petitioners have failed to overcome the                     
          presumption that respondent's determination is correct.                     








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