Gerald L. and Joy M. Zeidler - Page 26

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          similar to the facts of Malek v. Commissioner, T.C. Memo. 1985-             
          428, wherein this Court held such expenses were not deductible.             
          Petitioners did not maintain books and records as required by               
          section 6001 to substantiate other deductions and, in particular,           
          expenses subject to section 274(d).  Petitioners claimed                    
          depreciation on an asset although petitioners had scant evidence            
          as to its basis.  Finally, one of the expenses claimed as a                 
          business expense was found to be for the personal enjoyment of              
          Mrs. Zeidler.  On this record, the Court sustains respondent on             
          the penalty under section 6662(a).                                          


          Decisions will be entered                                                   
          under Rule 155.                                                             























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