Henry Peter Novick and Carolyn S. Novick - Page 11

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            able to provide verification or substantiation for any deduction                           
            claimed with respect to such expenses.  In the case before us, no                          
            documentation was introduced to substantiate any of the disallowed                         
            rental expenses.  Indeed, Dr. Novick and Mr. Fenton admitted that                          
            they did not have any documents to substantiate the disallowed                             
            rental deductions.                                                                         
                  The only evidence in the record offered to support the                               
            disallowed rental expenses relating to the Texas rental was  Dr.                           
            Novick's testimony with regard to the automobile and travel                                
            expenses.  Dr. Novick testified that in 1989, petitioners and their                        
            three children (ages 1, 7, and 14) took a trip to inspect the Texas                        
            property and to show petitioners' children the property lines of                           
            the property they would one day inherit.                                                   
                  The only evidence in the record to support the disallowed                            
            rental expenses relating to the Tahoe property was Dr. Novick's                            
            testimony that because the Tahoe property was a cedar house, it had                        
            to be pressure-sealed with sealant oil each year.  No testimony or                         
            documentation was offered as to the cost for this treatment.                               
                  The evidence  offered  by  petitioners  with  respect  to                            
            establishing their entitlement to the deduction for rental activity                        
            losses was woefully short of that required.  Petitioners neither                           
            produced enough evidence to rebut respondent's deficiency                                  
            determination nor produced enough evidence to satisfy their burden                         
            of persuasion.  Consequently, petitioners are not entitled to any                          







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