Harry E. Thomason and Estate of Hattie D. Thomason, Deceased, Mary T. Crist, Personal Representative - Page 8

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               At trial, respondent acknowledged that, as to Schedule C               
          expenses, petitioner could substantiate that he "spent $24,000"             
          in 1991, nevertheless, "[respondent had] no way of knowing to               
          where those expenses would be assigned", and "that seems to be              
          the crux of this case."  The Court construes this statement to              
          mean that, while respondent was satisfied that petitioners'                 
          Schedule E correctly reflected the income and expenses for those            
          properties identified on Schedule E, respondent could not                   
          determine whether any of the expenses claimed on Schedule C                 
          related to any of the rental properties on Schedule E, and,                 
          moreover, respondent was satisfied that petitioners were not                
          engaged in any trade or business activity and, therefore, were              
          not entitled to a deduction for any of the expenses claimed on              
          Schedule C.                                                                 
               The only documentary evidence presented by petitioner to               
          substantiate the Schedule C expenses, and to support a                      
          categorization thereof, was a stack of 143 canceled checks                  
          written by petitioner in 1991, which he contends were paid in               
          connection with his various activities that year.  The submitted            
          checks total approximately $30,000.6                                        

          5(...continued)                                                             
          expenses and depreciation of $58,739, and net rental income of              
          $56,121.  Respondent made no adjustments to either the income or            
          expenses reported on Schedule E.                                            
          6                                                                           
               This amount excludes approximately $1,500 worth of "voided"            
                                                             (continued...)           




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