Wilburn C. Hall, Jr. - Page 57

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        C. Other Expenses                                                             
             As tables 3 and 4, supra, show, (1) petitioner reported                  
        Schedule C gross receipts of $1,095 for 1983, $1,000 for 1984,                
        $13,488 for 1985, and $3,565 for 1986, and (2) at respondent's                
        urging we have concluded that petitioner had $94,713 Schedule C               
        gross receipts for 1982. Thus, setting aside 1984 (see supra note             
        16), respondent takes the position that petitioner managed to earn            
        a total of $112,793 in his Schedule C activities without even $1              
        of deductible expenses. We recognize that some expenditures of a              
        trade or business are not currently deductible for one or more of             
        several reasons; e.g., they are to be capitalized, or they are not            
        ordinarily incurred in such a trade or business, or some provision            
        of law forbids the deduction.  Respondent has not suggested that              
        any such bar to deduction of otherwise-substantiated expenditures             
        applies in the instant case. We conclude that petitioner incurred             
        and paid something in each of the years in issue in order to earn             
        the law practice Schedule C income with which we charge him. See              


             18(...continued)                                                         
          views of whether he was in any trade or business and therefore              
          whether he could deduct any expenses of a trade or business might           
          well be affected by his identification of his specific activities           
          in any claimed trade or business and how much income he reported            
          from that trade or business. Petitioner responded that "I would             
          submit that we can deal with this in the briefing matter."                  
          Petitioner failed to so deal with this, and so we deem him to               
          have conceded the question of whether he was in any trade or                
          business other than his law practice and Hall Farms. See                    
          Sundstrand Corp. v. Commissioner, 96 T.C. 226, 344 (1991); Money            
          v. Commissioner, 89 T.C. 46, 48 (1987).                                     




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