Sheryl D. Bumpus - Page 4




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               The lease was canceled, and Drywall was released from                  
          liability under the lease in return for the payment of $9,996.60            
          (the lease cancellation fee).  The lease cancellation fee was               
          paid by cashier's check made payable to Marchant.  The cashier's            
          check was purchased by Mr. Finley, either in his individual                 
          capacity or as an officer of a corporation that he controlled.              
          Mr. Finley delivered the check to petitioner, who in turn                   
          delivered it to Marchant.                                                   
               Drywall was dissolved on August 31, 1995.  Drywall did not             
          issue stock, conduct an organizational meeting, adopt bylaws, or            
          file a Federal income tax return.  The balance in Drywall's                 
          checking account (petitioner's initial $100 deposit) was                    
          withdrawn by petitioner, and the account was closed.                        
               Petitioner's 1995 Federal income tax return was timely                 
          filed.  On a Schedule C included with that return petitioner                
          reported various items attributable to her self-employment as an            
          independent sales representative.  Relevant for our purposes, on            
          that Schedule C she claimed a $26,918 deduction for rent on                 
          business property.  Of this amount, $15,997 was disallowed in the           
          notice of deficiency because petitioner "did not establish that             
          the * * * expense * * * was paid or incurred during the taxable             
          year and that the expense was ordinary and necessary to * * *               
          [her] business".  Other adjustments made in the notice of                   
          deficiency have been resolved by the parties.                               






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