Kevin R. Johnston - Page 43




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          information was the subject of stipulations entered into after              
          the 15-day period specified in our pretrial order had expired.              
          Finally, we note that even if we admit the checks offered by                
          petitioner as proof that Universal paid the payees named therein,           
          petitioner is still required to prove that the payments were                
          ordinary and necessary business expenses.  See Interstate Transit           
          Lines v. Commissioner, 319 U.S. 590, 593 (1943) (taxpayer must              
          prove entitlement to any deduction claimed).  For all these                 
          reasons we conclude that respondent would not be prejudiced by              
          our admission of the checks submitted by petitioner and that in             
          fairness we should admit them into evidence.                                
               B.  Did Petitioner Prove His Entitlement to Deductions?                
               Petitioner asserts that the checks prove his entitlement to            
          deductions for the following categories of expenses:  Water;                
          electricity; gas; home office cleaning and maintenance; medical             
          insurance; life insurance; equipment; subscriptions and                     
          publications; cellular phone service; supplies; automobile; trash           
          pickup; and miscellaneous.  However, the information contained on           
          many of the checks does not prove that the checks were actually             
          used to pay expenses of the category claimed.  More importantly,            
          the checks appear to have been used to pay expenses that could be           
          either business or personal, depending on the circumstances.  In            
          the absence of any evidence of the business purpose of these                







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