Roger L. and Geraldine Williams - Page 12

                                        -12-                                          
          agreement between the parties.  Thus, if petitioner were required           
          to post a $1,000,000 bond by the Port lease, such a requirement             
          would have been included in the lease.                                      
               In addition, petitioners claimed at trial that the $1                  
          million bond was obtained from State Farm.  Inasmuch as                     
          petitioners were able to produce a copy of the liability policy             
          obtained from State Farm, we fail to understand why petitioners             
          were unable to produce a copy of the alleged bond, if it existed,           
          from State Farm.  See Wichita Terminal Elevator Co. v.                      
          Commissioner, supra.  Finally, petitioners failed to produce                
          documentary evidence of payment for the premium for the alleged             
          bond.                                                                       
               In view of the foregoing, respondent's determination                   
          regarding the deduction for "Insurance" is sustained.                       
          3.  Legal Services                                                          
               Petitioners claimed a deduction for "Legal Services" in the            
          amount of $1,300.  Petitioners contend that this deduction                  
          represents amounts paid in cash to Mr. Hughes for his services.             
          Respondent disallowed the deduction in its entirety for lack of             
          substantiation.                                                             
               As a general rule, in the case of expenses that are not                
          subject to the substantiation requirements of section 274(d), if            
          the record provides sufficient evidence that a taxpayer has                 
          incurred a deductible expense, but the taxpayer is unable to                
          adequately substantiate the amount of the deduction to which he             




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