- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011