Clinton N. and Naomi K. Bohannon - Page 19

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            supervisory work.  Petitioner said that he was primarily an                                 
            investor in Bob Wade Ford and that he attended board meetings.                              
            His testimony that he worked 400-500 hours each year at the                                 
            dealership was not credible.                                                                
                  We conclude that petitioner did not materially participate                            
            in the management of Bob Wade Ford in 1988 and 1989.  However,                              
            under the phase-in provided by section 469(m)(2), he may deduct                             
            $50,000 in 1988 (40 percent of his share of the dealership's loss                           
            in 1988 ($125,000))4 and $52,692 in 1989 (20 percent of his share                           
            of the dealership's loss in 1989 ($133,709) plus the section                                
            1366(d)(2) carryover from 1988 ($129,752)).                                                 
            B.    Petitioners' Deductions From the Dirt Fill Operation                                  
                  Petitioners reported losses of $127,985 for 1988 and                                  
            $135,824 for 1989 from a dirt fill business conducted on property                           
            owned by the Dennis Horton Trust 101.  Petitioners contend that                             
            they offered credible evidence to support their claimed losses                              
            and that respondent offered no contrary testimony or evidence.                              
                  We disagree.  A taxpayer must keep records that are                                   
            sufficient to enable the Commissioner to determine his or her                               
            correct tax liability.  See sec. 6001; sec. 1.6001-1(a), Income                             
            Tax Regs. A taxpayer who claims a deduction bears the burden of                             


                  4 As discussed at par. A-1, above, this amount takes into                             
            account that petitioner's share of the dealership's loss for 1988                           
            is limited to $125,000, the amount he contributed in 1988.                                  
            Petitioner's share of the dealership's loss in excess of that                               
            amount ($129,752) is carried over to 1989.  Sec. 1366(d)(2).                                




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