Phillip Vazzana and Estate of Yvonne Vazzana, Deceased, Phllip Vazzana, Executor - Page 7

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          copies of Mr. Schmitt's tax returns, and respondent does not                
          dispute their authenticity.  V&V issued Forms 1099 stating that             
          it paid Mr. Schmitt $1,470 in 1988 and $1,579 in 1989.  Mr.                 
          Schmitt explained that V&V reported on the Forms 1099 only the              
          payments made by check, not cash.  As a result, we conclude that            
          V&V made cash payments to Mr. Schmitt of $7,850 in 1988 and                 
          $10,381 in 1989.  Petitioners have failed, however, to establish            
          the amount of any other cash expenditures that V&V made to                  
          subcontractors.                                                             


          III.  Depreciation Deduction for Rental Property                            
               Petitioners contend that for 1988 they are each entitled to            
          a depreciation deduction of $3,269 for their rental property.               
          Respondent contends that petitioners have failed to establish               
          their basis in the property.  We agree.  Accordingly, we hold               
          that petitioners are not entitled to the depreciation deductions.           
          IV.  The Capital Gain From the Sale of the House                            
               On their joint 1988 Federal income tax returns, Mr. and Mrs.           
          Vazzana reported $348,000 realized from the sale of a house, a              
          basis of $333,158, and a capital gain of $14,842.  Respondent               
          contends that their basis should be limited to $282,788 and that            
          their gain should be $65,212.  The Vazzanas have established                
          (i.e., through testimony, checks, and invoices), however, that              







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