David Stevan and Karen Ann Brandriet - Page 7




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          bears the burden of proving entitlement to any deduction claimed.           
          See Deputy v. du Pont, 308 U.S. 488, 493 (1940); New Colonial Ice           
          Co. v. Helvering, 292 U.S. 435, 440 (1934).  Moreover, a taxpayer           
          is required to maintain records that are sufficient to                      
          substantiate his deductions.  See sec. 6001.                                
               At trial, petitioner proffered a photocopy of a cashier's              
          check dated August 6, 1993, made payable to First Federal Savings           
          Bank in the amount of $10,368.49, as evidence of petitioners'               
          payment of interest.  However, petitioners provided no evidence,            
          other than petitioner's vague and uncertain testimony, of the               
          amount of the interest and principal portions of the payment or             
          of the purpose of the loan.  Accordingly, petitioners have not              
          met their burden of proving entitlement to deduct any expense for           
          interest in an amount greater than that allowed by respondent.              
               To reflect the foregoing,                                              
                                                   Decision will be entered           
                                              under Rule 155.                         


















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