- 8 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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