Marvin Ziporyn - Page 8

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               Petitioner has offered no evidence to prove that                       
          respondent's determination is incorrect.  Therefore, we deem                
          petitioner to have conceded this issue.  Rule 149(b).                       
          Rent Expense                                                                
               Petitioner claimed rent expense of $5,600.  Respondent                 
          disallowed $831 of this amount due to lack of substantiation.               
          Petitioner now claims that he incurred rent expense of $9,552 for           
          the year.                                                                   
               Petitioner testified that he signed a lease and rented the             
          office in Chicago, Illinois, throughout the year, but at trial he           
          did not produce any written documentation of this.  Three of                
          petitioner's patients testified that they saw petitioner                    
          regularly throughout the year in issue, and at least one of his             
          patients testified that petitioner held sessions with him at this           
          particular location.  The problem we have is with petitioner's              
          proof as to the amount of this expense.  His evidence is                    
          inadequate to overcome the fact that he claimed rent expense of             
          only $5,600 on his return.  There is no explanation for this                
          discrepancy.  On this record, we find that petitioner is entitled           
          to deduct rent expense of $5,600 as claimed.                                
          Telephone Expense                                                           
               Petitioner claimed telephone expense of $4,043.  Respondent            
          disallowed $2,156 of this amount.                                           
               Petitioner has not established that he incurred telephone              
          expense in excess of the amount allowed by respondent.                      




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