- 10 - entitled to deduct expenses in excess of income, thereby conceding the section 183 issue originally involved in this case, she continued to claim expenses that either were not substantiated or clearly were personal nondeductible expenses. She contends that this case is different than her prior cases because of her concession and because respondent disallowed all of her deductions in this case and thus made substantiation an issue for the first time. In T.C. Memo. 1993-310, however, the Court explained the difference between the first year that petitioner litigated here, which she won, and the later years, in which her manner of conducting the activity demonstrated lack of profit objective. In T.C. Memo. 1996-175, moreover, petitioner's deductions were disallowed for lack of substantiation. In that opinion, we stated: Petitioner failed to produce at trial any substantiating evidence with respect to the deductions she claimed on her Schedules A and C. Given her prior experiences in this Court, she was no doubt aware that the production of such evidence was expected and necessary to support her claimed entitlement to the deductions in dispute. We can only conclude that her failure to produce such substantiating evidence results from her failure to have maintained adequate books and records as required by section 6001 and the corresponding regulation. * * * To the extent that petitioner is claiming deductions for personal expenses, her claims are groundless. Although we found that she is entitled to some deductions, on the entire record we infer that petitioner has instituted or maintained this proceedingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011