Ronald L. and Deborah L. Miller - Page 6

                                          6                                           
          raised valid concerns regarding the authenticity of the carbon              
          copies.  Petitioner did not produce corroborating statements from           
          his bank or testimony from payees to support his position.  Based           
          on the above discussion regarding petitioner's credibility and              
          lack of substantiation, we find that we have no basis upon which            
          to estimate an allowable deduction in excess of the amounts                 
          allowed by respondent.                                                      
               For similar reasons, we find that petitioners are not                  
          entitled to deduct expenses for utilities in excess of the amount           
          allowed by respondent.  Petitioner claimed a deduction for                  
          utility expenses in the aggregate amount of $2,544, all of which            
          respondent disallowed in the notice of deficiency.  At trial,               
          counsel informed this Court that respondent would accept                    
          petitioner's substantiation of the utility expenses in the amount           
          of $731.51, leaving $1,812.49 in dispute.  Petitioner produced              
          additional canceled checks and money order receipts totaling only           
          $502.64.  The documents presented fail to establish that the                
          payments were credited to the utility and/or telephone accounts             
          of Express Tax Service, as opposed to petitioners' account for              
          their personal residence.  Accordingly, we find for respondent on           
          this issue.                                                                 
               With respect to the deduction for the expense of a tax                 
          software program, we again have no evidence, other than the self-           
          serving testimony of petitioner, to substantiate that such an               
          expense was incurred.  Petitioner offered to present the manuals            




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011