Clyde E. Owens and Marie W. Owens - Page 21

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               2.   Whether Petitioners Had More Deductions or Cost of                
                    Goods Sold Than Allowed by Respondent                             
               Respondent's agent audited petitioners in these cases and              
          allowed deductions and cost of goods sold to the extent                     
          substantiated by petitioners.  Petitioners contend that they may            
          deduct more than respondent allowed.                                        
                    a.   Deductions for The Owens' Vineyard                           
               Mr. and Mrs. Owens contend that they may deduct $1,820 for             
          vineyard upkeep in 1989.  We disagree.                                      
               Mr. and Mrs. Owens had no records for this activity and no             
          experience in the business.  There is no evidence how they                  
          conducted this activity.  Mr. and Mrs. Owens denied that they               
          made wine.  There is no evidence that the vineyards produced any            
          income.  Mr. and Mrs. Owens did not show that their vineyard was            
          an activity for profit.                                                     
                    b.   Franchise Payment                                            
               Petitioners contend that Mr. Owens orally gave Ms.                     
          Feltrinelli a franchise to operate Big O Truck Stop.  Petitioners           
          contend that Ms. Feltrinelli made a $5,000 franchise payment to             
          Mr. Owens in the years in issue.  Other than Mr. Owens'                     
          testimony, there is no evidence that Ms. Feltrinelli paid $5,000            
          to the Owens in 1989 or 1990.  The signs, telephone-answering               
          procedure, and bank accounts suggest that Mr. Owens owned and               
          operated Big O Truck Stop.  Petitioners have failed to prove Ms.            







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