Alton M. Towles, Jr. - Page 11




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          made during 1994 and 1995 with respect to the Paradise Lane                 
          property.  Respondent disputes that contention.                             
               Deductions are strictly a matter of legislative grace, and             
          petitioners bear the burden of proving that they are entitled to            
          the deductions claimed under section 212.  See INDOPCO, Inc. v.             
          Commissioner, 503 U.S. 79, 84 (1992).  In the case of an in-                
          dividual, section 212 allows, inter alia, a deduction for all the           
          ordinary and necessary expenses paid or incurred during the                 
          taxable year for the management, conservation, or maintenance of            
          property held for the production of income.  See sec. 212(2).               
               The dispute between the parties is whether petitioners held            
          the Paradise Lane property during the years at issue for the                
          production of income within the meaning of section 212(2).  On              
          the record before us, we find that petitioners have failed to               
          show that that property was held for the production of income               
          within the meaning of that section.  We further find on that                
          record that petitioners have failed to establish that they are              
          entitled under section 212 to the deductions that they are                  
          claiming for the years at issue.4                                           



               4Assuming arguendo that petitioners had established that the           
          Paradise Lane property was held for the production of income                
          during 1994 and 1995, on the record before us, we find that                 
          petitioners have failed to show that certain of the expenditures            
          incurred during those years do not constitute capital expendi-              
          tures that may not be deducted in their entirety for those years.           





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