Sheriel L. Sexcius - Page 10

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          unable or unwilling to pay strongly suggests the absence of the                    
          requisite profit objective necessary to support the deductions                     
          claimed.  Based upon an examination of all the facts and                           
          circumstances, we are unable to conclude that petitioner                           
          conducted her tutoring activity with a bona fide, honest, and                      
          objective profit motive.  Furthermore, she has failed to                           
          substantiate any of the claimed deductions.  Consequently, we                      
          sustain respondent's disallowance of the deductions claimed on                     
          petitioner's Schedule C for the year 1989.4                                        
          Schedule A Deductions                                                              
                Petitioner reported on her Schedule A, Itemized Deductions,                  
          deductions for employee business expenses and other miscellaneous                  
          deductions in the amount of $14,534 for the year 1989.  As                         
          previously noted, deductions are a matter of legislative grace                     
          and petitioner must prove her entitlement to these deductions.                     
          Rule 142(a); New Colonial Ice Co. v. Helvering, 292 U.S. at 440;                   
          Welch v. Helvering, 290 U.S. at 115.                                               
                Petitioner has failed to substantiate any of the deductions                  
          claimed on her Schedule A for the year 1989.  Accordingly, we                      
          sustain respondent's determination with respect to this issue.                     


          4Our finding with respect to petitioner's profit motive also                       
          precludes allowing the disputed Schedule C deductions under sec.                   
          212.  Petitioner's failure to substantiate such deductions                         
          precludes the allowance of any which might otherwise be permitted                  
          by sec. 183.                                                                       





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