Bruno and Francesca Tabbi - Page 33

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               Petitioners claimed Schedules A, C, and E deductions for               
          each of the years in issue.  Respondent disallowed some of these            
          deductions because the Earl Kiem Bell/Shores escrow account,                
          rather than petitioners, paid the expenses.  Respondent                     
          disallowed others because petitioners failed to substantiate that           
          the expenses had a business purpose.11                                      
               Petitioners argue that they substantiated their business               
          deductions with canceled checks and through petitioner husband's            
          testimony about the purpose of the checks.                                  
               Petitioners contend that the legal and professional fees               
          they paid in 1987 are deductible on Schedule C, not Schedule A,             
          as determined by respondent.  Petitioner husband spent $6,500               
          in legal fees relating to his bankruptcy resulting from his and             
          Americana's business failure.  Petitioners argue that the legal             
          fees are a Schedule C deduction under the origin of the claim               
          doctrine.  United States v. Gilmore, 372 U.S. 39, 48 (1963);                
          Dowd v. Commissioner, 68 T.C. 294, 303-304 (1977).                          
               In Dowd v. Commissioner, supra, we relied on the origin                
          of the claim doctrine in deciding that business expenses of a               
          bankrupt taxpayer were deductible under section 162(a).  Since              

               11 Respondent concedes that petitioners may deduct for                 
          1987, advertising expenses of $140.13, office expenses of                   
          $488.31, licenses and fees of $279.96, dues of $41, rental                  
          maintenance of $684.70, and insurance expenses of $759; for 1988,           
          office expenses of $643.19, rental maintenance of $346, rental              
          insurance of $198, and Schedule C rental expenses of $6,832.85;             
          and for 1989, advertising of $135, and rental insurance of $197.            
          Respondent also concedes that petitioners may deduct a charitable           
          contribution of $50 to the Salvation Army for 1989.                         



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