Benjamin H. Smith - Page 8

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          1992 and 1993, respectively, which represents the excess of                 
          petitioner's verified itemized deductions of $12,156 and $11,942,           
          respectively, over the standard deductions claimed by petitioner            
          for those years.  Respondent concedes that during the Appeals               
          conference, respondent allowed itemized deductions in the total             
          amounts of $12,434 for 1992 and $12,273 for 1993.  However, the             
          following itemized deductions were disallowed due to lack of                
               substantiation:                                                        
                                             1992            1993                     
          Safe deposit rental                          $   119                        
          Moving expenses                                   800                       
          Charitable contributions      $3,100              3,757                     
          Casualty/theft loss                          52,000                         
                                        ______     _______                            
          Total                         $3,100         $56,676                        
               On brief, petitioner mentioned without discussion the                  
          additional itemized deductions issue, but did not address this              
          issue at trial.  Accordingly, we conclude that petitioner has               
          conceded this issue.  Petitioner is not entitled to any itemized            
          deductions other than those allowed by respondent.                          
               Even though petitioner had not claimed rental expenses on              
          his 1992 and 1993 returns, at trial he raised the issue that he             
          was entitled to claim rental expenses as a lessor for those two             
          years.  He admitted he rented the property for only two months in           
          1991.  He presented no credible evidence of any expenses for 1992           
          and 1993.  On this record, petitioner has failed to substantiate            






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