- 13 - 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. MeyerPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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