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newsstand at Knox Street on or about July 12, 1993. Prior
to that time, petitioner claims to have paid Mr. Ebatebeye
to operate the newsstand. Petitioner’s testimony concern-
ing the nature of those payments is vague, confusing, and
contradictory. For example, he could not explain how the
payments were calculated, and several checks are dated
after July 12, 1993. Based upon the record, we find that
petitioners have not substantiated their eligibility to
deduct these payments.
Petitioners claim a deduction of $950 for bank
charges. In support thereof, they introduced bank
statements from four business accounts maintained at PNC
Bank. The statements show bank charges totaling $903.10.
Two types of bank charges are reflected on the statements,
charges in the aggregate amount of $670 for returned checks
and charges in the aggregate amount of $233.10 that are
described on the statements as “analysis charge”.
Respondent’s posttrial brief does not address these
charges. In his testimony, petitioner makes reference to
a service charge for “bank analysis”. He does not discuss
the bank charges, in the aggregate amount of $670, for
returned checks or provide any facts from which we can find
that those charges are ordinary and necessary expenses of
his newsstand business. Cf. Bailey v. Commissioner,
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