Preston L. and Ruby M. Payton - Page 5

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               Ruby testified that after the audit, and apparently during             
          settlement negotiations, petitioners raised a new issue of                  
          whether they are entitled to deduct $8,028 in rental payments for           
          taxable years 1993 and 1994.  These amounts were not claimed as             
          deductions on the Schedules C for those years despite the fact              
          that numerous other deductions were claimed on the Schedules C.             
          Ruby contends that she rented an apartment to promote her beauty            
          sales business.  Ruby claims that she used the apartment                    
          exclusively for product demonstration, sales, storage of beauty             
          products, and to recruit new members to join the business.  She             
          also alleged that she held weekly meetings at the apartment.                
          Ruby's main product line consisted of aloe vera juice, gels, and            
          berry nectar.                                                               
              After a review of the record, we find that petitioners are             
          not entitled to rental deductions for 1993 or 1994.  Aside from             
          her self-serving testimony, the only other evidence Ruby                    
          introduced in support of her position consisted of copies of                
          three 12-month apartment leases commencing on June 1, 1992, June            
          1, 1993, and June 1, 1994.  Upon a review of the leases, we note            
          that each of the three leases listed only Preston, and not Ruby,            
          as the lessee.  Moreover, Preston was the only signatory on the             
          three leases.  Two of the leases also provided that Preston would           
          be the sole occupant of the apartment.  (This line is blank on              
          the June 1, 1993, lease.)  All three leases provide that the                





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