- 24 - maintaining sufficient records to substantiate the propriety of a deduction. Sec. 1.6001-1(a), Income Tax Regs. At trial, no reliable evidence was produced by petitioner. A photocopy of a handwritten note made by Mr. Hoover listing various expenses was produced. Many of the items in the handwritten note were illegible, the descriptions were ambiguous, and no amounts were supported by documentation. Petitioner also produced a letter from his lawyers, listing expenses incurred by petitioner.10 The letter does not assist petitioner in substantiating his expenses. Accordingly, we find petitioner's evidence insufficient to substantiate his claimed expenses involving the T.J. Cinnamons Bakery franchise. Investment Interest Expense Deduction Respondent, in her notice of deficiency, disallowed petitioner's claimed investment interest expense deduction of $156,441 and determined that petitioner realized $404,210 of income from debt forgiveness.11 On brief, respondent abandoned 10The letter from petitioner's attorneys was sent to the sellers of the T.J. Cinnamons Bakery franchise. It was written as part of petitioner's attempts to rescind the transaction and recover his money. 11Petitioner, in his 1990 Federal income tax return, reported $1,224,395 as investment interest expense carry forward. This amount was also disallowed by respondent in her notice of deficiency. This disallowance affected the deficiency determined for 1991. Petitioner concedes on brief that the 1990 Federal income tax return inaccurately reported interest accrued in prior years, because none of that interest was actually paid until 1990. Accordingly, the interest carried forward will consist (continued...)Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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