Janice L. Morris - Page 43

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          the portion of deficiency for each of the years at issue that is            
          attributable to the unreported embezzlement income.                         
               Claimed Deductions                                                     
               In order for a claimed deduction to be a grossly erroneous             
          item under section 6013(e)(1)(B), there must be a "claim of a               
          deduction * * * in an amount for which there is no basis in fact            
          or law."  Sec. 6013(e)(2)(B).  In Douglas v. Commissioner, 86               
          T.C. 758, 762-763 (1986), we construed the phrase "no basis in              
          fact or law", as follows:                                                   
               As we read the statute as a whole and its legislative                  
               history, a deduction has no basis in fact when the                     
               expense for which the deduction is claimed was never,                  
               in fact, made.  A deduction has no basis in law when                   
               the expense, even if made, does not qualify as a de-                   
               ductible expense under well-settled legal principles or                
               when no substantial legal argument can be made to                      
               support its deductibility.  Ordinarily, a deduction                    
               having no basis in fact or in law can be described as                  
               frivolous, fraudulent, or, to use the word of the                      
               committee report, phony. [Fn. ref. omitted.]                           
          The mere fact that a deduction is disallowed does not mean that             
          the deduction has no basis in fact or in law within the meaning             
          of section 6013(e)(2)(B).  See id. at 763.                                  
               We are persuaded by the record before us that the deduc-               
          tions for a bad business debt and the legal expenses incurred in            
          an attempt to recover that debt, which were claimed in the 1987             
          joint return and which petitioner concedes are erroneous, are not           
          frivolous, fraudulent, or phony and that they have some basis in            
          fact and in law within the meaning of section 6013(e)(2)(B).  The           
          parties do not dispute that the loan underlying the bad debt                




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