George Kukes and Margaret Kukes - Page 6

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            the Internal Revenue Service Center in Fresno, California, on                                 
            April 27, 1993.                                                                               
                  From 1987 through 1992, petitioners prepared their own tax                              
            returns.  When they began using a paid preparer in 1993, they                                 
            discontinued deducting the NOL.  They also discontinued filing a                              
            Schedule C with their 1993 income tax return.  Although                                       
            petitioner called the Internal Revenue Service (IRS) to ask about                             
            the mechanics of calculating the NOL, he did not tell anyone at                               
            the IRS that the NOL he was planning to deduct involved lost                                  
            anticipatory wages.                                                                           
                                                OPINION                                                   
                  Determinations made by the Commissioner in the notice of                                
            deficiency are generally presumed correct; the burden of proof is                             
            on the taxpayers to show those determinations are wrong.  Rule                                
            142(a); Welch v. Helvering, 290 U.S. 111 (1933).                                              
            Net Operating Loss                                                                            
                  Deductions are a matter of legislative grace.  New Colonial                             
            Ice Co. v. Helvering, 290 U.S. 435, 440 (1934).  It is well                                   
            established in case law that no deduction is allowed under                                    
            section 165 or any other Code section for loss of potential                                   
            income.  See, e.g., Hort v. Commissioner, 313 U.S. 28, 33 (1941)                              
            (since unrealized rent is not includable in taxpayer's gross                                  
            income, taxpayer has no grounds for deduction); Stephens v.                                   
            Commissioner, T.C. Memo. 1980-131 (no deduction allowed for wages                             
            that could have been earned had an individual's employment not                                



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