Jack R. and Patricia J. Finnegan - Page 7

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          A.   Whether the Real Estate Activity Was Part of the                       
               Construction Consulting Business                                       
               Mr. Finnegan ran the construction consulting business out of           
          his home in Santa Ana.  As a construction consultant, Mr.                   
          Finnegan worked for third parties; he was compensated regardless            
          of whether the projects he constructed were sold.  There is no              
          evidence that he was responsible for selling the projects he                
          constructed.                                                                
               Mr. Finnegan had a separate office and telephone line for              
          the real estate activity at the Acapulco house in San Clemente.             
          Mr. Finnegan was not hired by a third party to build the Acapulco           
          house; his receipt of any money from his work on the Acapulco               
          house was conditioned upon its sale; and petitioners were                   
          responsible for selling the Acapulco house.                                 
               After reviewing all the facts and circumstances, we find               
          that the real estate activity was not part of petitioners'                  
          construction consulting business.  Petitioners, therefore, were             
          not entitled to deduct the additional expenses as costs of the              
          construction consulting business.                                           
          B.   Whether the Real Estate Activity Was a Separate Trade or               
               Business                                                               
               Deductions are a matter of legislative grace, and taxpayers            
          bear the burden of proving that they are entitled to any                    
          deductions claimed.  Rule 142(a); INDOPCO, Inc. v. Commissioner,            







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