John Van Heemst - Page 10

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          drawn on Pieces of Eight’s account.  The checks that respondent’s           
          agent could not determine were allowable business expenses were             
          considered to represent personal, nondeductible expenses of                 
          petitioner and Ms. Murphy, one-half of the amount of which was              
          allocated to petitioner.  Those expenditures were determined to             
          represent net income of Pieces of Eight.                                    
               In July 1991, a Florida court awarded Ms. Murphy sole use              
          and possession of Pieces of Eight and restrained petitioner from            
          coming on or about the business (July 1991 order).  During 1992,            
          Ms. Murphy found hidden in petitioner’s files an agreement dated            
          September 3, 1990, in which petitioner, as transferee for a                 
          company to be incorporated, purported to purchase the assets of             
          Pieces of Eight from Michael Van Heemst.                                    
                                       OPINION                                        
          Home Mortgage Interest Deduction                                            
               Respondent determined that petitioner and Ms. Murphy were              
          entitled to claim a deduction for home mortgage interest paid in            
          1987 in the amount of $16,582, rather than the $25,200 claimed on           
          the 1987 return, because the payment of interest in excess of the           
          amount allowed had not been established.                                    
               Deductions are strictly a matter of legislative grace, and a           
          taxpayer bears the burden of proving entitlement to any deduction           
          claimed.  Rule 142(a); New Colonial Ice Co. v. Helvering, 292               
          U.S. 435, 440 (1934); Welch v. Helvering, 290 U.S. 111, 115                 






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