Alvin Victor Bracey - Page 11

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          concedes that it is not allowable as a deduction in 1990.                   
          Petitioner admitted that this interest was paid by him in 1989              
          and offered by way of explanation that he did not have his bank             
          statement available in time to claim the amount on his 1989                 
          return, and so he claimed it on his 1990 return.  We find this              
          constitutes "disregard of rules or regulations" within the                  
          meaning of section 6662(b)(1).                                              
               With respect to "Other" interest of $10,210, the parties               
          have stipulated that petitioner is not entitled to any deduction            
          on Schedule C for "Other" interest but instead is entitled to a             
          mortgage interest deduction of $7,730 on Schedule A of his 1990             
          return.  Petitioner has offered no explanation for the $2,480 in            
          claimed interest to which he now concedes he is not entitled.  In           
          the absence of any substantiation for this amount, we find that             
          the underpayment arising from its disallowance is attributable to           
          negligence.  Sec. 1.6662-3(b)(1), Income Tax Regs.                          
          1990 Legal Expenses                                                         
               Petitioner claimed $10,556 in legal expenses in Schedule C             
          of his 1990 return to which the parties now stipulate he was not            
          entitled.  The amount represents legal fees petitioner paid in              
          connection with the purchase of a house in Florida as part of his           
          efforts to commence a homebuilding business.  Petitioner now                
          concedes that the amounts should have been capitalized and added            
          to the basis of the house.  Petitioner did not seek any                     
          professional advice with respect to taking the deduction.  We               




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