- 13 - petitioners apparently rely on a stipulated exhibit to satisfy their burden of proof. That stipulated exhibit (Exhibit 52) is described as "a copy of ledger sheets pertaining to expenses relating to the property in issue in the taxable years 1986, 1987, and 1988." Respondent, however, stipulates "only that Petitioners' Exhibit 52 represents a listing of expenses relating to the property in issue and does not stipulate that petitioners' Exhibit 52 had any legal substance or represented bona fide debts incurred by Good Shepherd." Petitioners have made no attempt to tie the entries on Exhibit 52 to the deductions claimed on Good Shepherd's returns. Petitioners have provided virtually no documents, such as canceled checks, invoices, or bank statements to back up the entries on Exhibit 52. Only one canceled check is in evidence, a check in the amount of $25,000, drawn to Lino Engineering Co. Vebeliunas testified that Lino Engineering was contracted for "renovation and change" at the property. Thus, it is not clear that the payment is deductible at all, because it may well be a capital expenditure. See sec. 263(a). Also in evidence are statements showing payments of $1,625, $2,887, $6,250, $2,025, $325, $820, and $12,143 to various individuals in 1988. Since there are no deductions on Good Shepherd's return for 1988 for (1) compensation to officers or (2) salaries or wages, we assume that those payments, if made, were forPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011