-26- $20,938 ($161 for mortgage interest and $20,777 for depreciation). Respondent argues that petitioner is not entitled to the amounts claimed because of his failure to substantiate the amounts and show that the leasing activity was a trade or business and/or a profit-seeking activity. The lease of the road construction and related machinery was integrated with the joint venture and lending activity between petitioner and Ms. Jackson. We have already decided that the overall activity was a trade or business, in the form of a joint venture, and that the leasing activity is covered within our analysis in the preceding issue. Based on our prior findings and analysis, we find that petitioner's leasing activity was a trade or business and/or an activity entered into for profit. The record here supports petitioner's ownership of $100,000 of equipment that he leased to Cities. Petitioner, however, has not substantiated any of the amounts claimed for legal fees, mortgage interest, or "other expenses" which he claimed on the Schedules C. With respect to the amounts claimed for insurance, the $40,000 amount has been found to be a part of petitioner's capital investment in the joint venture with Ms. Jackson. The other amount claimed for insurance ($3,516) has not been substantiated by petitioner.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011