John M. Schaefer - Page 17

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          1991 and 1992, we could not tell whether these were expenses for            
          which respondent had previously allowed deductions.                         
               Petitioner urges this Court to accept his tax returns as               
          prepared because he contends his deductions were reasonable.                
          However, it is not enough that petitioner asserts that his                  
          deductions were reasonable; he must provide adequate proof.  Sec.           
          6001; Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per            
          curiam 540 F.2d 821 (5th Cir. 1976).  Petitioner has not given us           
          an adequate basis to estimate his expenses under Vanicek v.                 
          Commissioner, supra, or Cohan v. Commissioner, supra.                       
               Petitioner argues that he may deduct as a Schedule C or E              
          expense $10,000 he paid as attorney's fees to Kolodny & Pressman            
          in connection with his purchase of the Riviera Apartments.  We              
          disagree.  He must capitalize those expenses.  See INDOPCO, Inc.            
          v. Commissioner, supra.                                                     
               We conclude that petitioner may not deduct more in Schedules           
          C and E expenses than respondent allowed for 1991 and 1992.                 
               At trial, petitioner testified that he could not remember              
          why he deducted $19,865 as investment interest on Schedule A of             
          his 1992 return.  We sustain respondent's disallowance of                   
          petitioner's deduction for investment interest.                             











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