Rosemarie Meyer - Page 13

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          to substantiate it.  See Kaye v. Commissioner, T.C. Memo. 1995-             
          345.  Nor can petitioner rely solely on respondent's later                  
          disallowance of the deduction in the statutory notice of                    
          deficiency to prove the deduction lacks a basis in law or fact.             
          Flynn v. Commissioner, 93 T.C. 355, 364 (1989); Douglas v.                  
          Commissioner, 86 T.C. at 763; Kaye v. Commissioner, supra.                  
          Moreover, the fact that petitioner conceded the correctness of              
          respondent's disallowance fails to establish that the claimed               
          deduction has no basis in law or fact.  Purcell v. Commissioner,            
          86 T.C. 228, 239 (1986), affd. 826 F.2d 470 (6th Cir. 1987).                
               We cannot find that the disallowed Schedule C expenses as              
          fraudulent, frivolous, phony, or groundless.  See Bokum v.                  
          Commissioner, 992 F.2d at 1142.  Petitioner's witness Robert J.             
          Meyer testified the disallowed Schedule C business expenses                 
          comprised part of the development project for the Muttontown                
          property.  Although Mr. Meyer could not precisely recall the                
          details surrounding the claimed expenses, nothing in his                    
          testimony alerts the Court to the possibility that these expenses           
          were fraudulent, frivolous, phony or groundless, or that Mr.                
          Meyer never initiated the development project on which the                  
          expenses were premised.  Petitioner herself acknowledged the                
          existence of her husband's land development project.  The                   
          deduction is not grossly erroneous because of the ultimate                  
          failure of the subdivision scheme at the Muttontown property.               
          Nor is the deduction grossly erroneous merely because Mr. Meyer             




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