James W. Harris and Dorthy R. Harris - Page 11

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          meet their burden of proof in substantiating the questioned                 
          deductions.  In so holding, we note that we have not applied the            
          rule of Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir.                
          1930), under which the Court may approximate the amount of a                
          deductible expense when evidence shows that a taxpayer incurred             
          it, because we have no basis upon which to make such an estimate.           
          See Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985).                   
               As to the applicability of section 469, section 469 was                
          enacted by Congress as part of the Tax Reform Act of 1986,                  
          Pub. L. 99-514, sec. 501(a), 100 Stat. 2085, 2233, to require               
          that passive losses generally be used currently to offset only              
          passive income.  Passive losses include most losses from a rental           
          activity.  Sec. 469(c)(2).  In the case of rental real estate               
          activities, taxpayers like petitioners are allowed to deduct                
          currently losses up to $25,000.  Sec. 469(i).                               
               Harris Enterprises is a rental real estate activity; thus,             
          section 469 applies to limit to $25,000 petitioners' deduction              
          for any resulting loss.  Although petitioners invite the Court to           
          carve out an exception for small businesses, we decline to do so.           
          We find nothing in the text of section 469, or its legislative              
          history, that supports petitioners' bald assertion that the                 
          section does not apply to small businesses.                                 
               We sustain respondent's determination on this issue.                   
          3.  $17,014 Understatement of Gross Income                                  
               Respondent determined that petitioners had an additional               
          understatement of income equal to $17,014.  Petitioners argue               


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