- 26 - stopped his membership with the Desert Area Multiple Listing Service and Board of Realtors. Because Sale By Owner and Far Western operated under Hugh's brokerage license, his membership cancellation effectively prevented the two companies from further operation. Petitioner substantiated the expense of Sale By Owner and Far Western by both books and canceled checks. Respondent asserts that some of the checks paid unrelated personal expenses of the principals. There are several hundred checks, and respondent has failed to direct us to the offending ones. Petitioner has made a prima facie case on this point, and respondent has offered no countervailing evidence. Petitioner is entitled to include the losses from Sale By Owner and Far Western in the calculation of its net operating losses. In addition to net operating losses, depreciation, and interest, respondent denied every other deduction petitioner claimed for 1989 and 1990 on the grounds of lack of business purpose and lack of substantiation. Respondent has since conceded some of these other deductions, but $10,454.15 and $13,848.06 of them for 1989 and 1990, respectively, remain in controversy. Of these deductions still in controversy, respondent has admitted that petitioner substantiated a total of $5,308.89 and $8,062.02 for 1989 and 1990, respectively. Petitioner has also established that during those years itsPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011