Marian and Halina Januszewski - Page 5

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          presents evidence sufficient to provide some rational basis upon            
          which estimates may be made.  Vanicek v. Commissioner, 85 T.C.              
          731, 743 (1985).                                                            
               At trial, the parties made their respective arguments and              
          concessions based on amounts reported in the revised Schedule C             
          which was submitted with petitioners' amended return.  Thus, for            
          clarity and convenience, we address petitioners' claimed                    
          deductions using the amounts reported in the revised Schedule C.            
          Basically, this is a substantiation case.                                   
               We note that although Excel reimbursed petitioner for dues,            
          radio, vouchers, tolls, and commissions, Excel nevertheless                 
          included these amounts in petitioner's weekly pay statement under           
          "Gross Income".  This is misleading and inaccurate because it               
          gives the appearance that petitioner earned more in gross income            
          than was the case.                                                          
               The president of Excel testified that the income after                 
          reimbursements was $36,583.66.  At trial, respondent conceded               
          that Excel reimbursed petitioner $14,694.49 for dues, radio,                
          vouchers, tolls, and commissions and that income after such                 
          reimbursements was $36,583.66.  This is the amount which we find            
          should have been reported as gross income on petitioners'                   
          Schedule C.  Although the parties stipulated that the notice of             
          deficiency allowed certain amounts for dues, radio, vouchers and            
          commissions as deductions, these reimbursed amounts are not                 
          deductible as business expenses.  Flower v. Commissioner, 61 T.C.           



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