Mary T. King and Fatai O. King - Page 12




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             they have not substantiated the business nature of the                     
             expense.  See sec. 274(d)(1).                                              
                  Petitioners claim legal and professional fees in the                  
             amount of $800.  Of this amount, $300 was paid as a                        
             retainer to a lawyer for advice regarding petitioner’s                     
             citizenship.  Petitioners have not established that this                   
             expenditure is related to their business.  In the case of                  
             the other expenditure in the amount of $500, petitioners                   
             did not submit an invoice from the attorney or any other                   
             information regarding this expenditure, and petitioner’s                   
             testimony that he sought advice concerning a possible suit                 
             against the city of Philadelphia is too vague to                           
             substantiate the nature of the expenditure.  We are not                    
             satisfied that petitioners have proven that either                         
             expenditure is a deductible business expense.                              
                  Petitioners claim a deduction for repairs and main-                   
             tenance in the amount of $11,800.  On brief, respondent                    
             concedes that petitioners made capital expenditures in the                 
             aggregate amount of $14,050 during 1993.  Respondent                       
             concedes that petitioner paid $4,100 for construction work                 
             at the newsstand at Broad and Oxford Streets.  Respondent                  
             also concedes that he paid $1,750 for the installation of                  
             steel plates and bars in the newsstand at Broad and Oxford                 
             Streets.  Finally, respondent concedes that petitioner paid                






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