Paul E. and Jane Anne Gladden Emerson - Page 7




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          interest.  We allow petitioners to deduct only the $3,165 of                
          mortgage interest expense that they claimed on their 1995 return.           
               On their 1995 return, under "Other income", petitioners                
          included $16,505 as negative income for a net operating loss                
          carryover.  Under section 172(b), a net operating loss may be               
          carried back to the 3 preceding taxable years and thereafter                
          carried forward to the next 15 taxable years.  Petitioner did not           
          provide any evidence, other than the 1994 return, to support the            
          claimed net operating loss carryforward.  The fact that a return            
          is signed under penalty of perjury is not sufficient to                     
          substantiate deductions claimed on the return.  Wilkinson v.                
          Commissioner, 71 T.C. 633, 639 (1979).  We find the evidence                
          insufficient.  Accordingly, we uphold respondent's disallowance             
          of the net operating loss in full.                                          
               In regards to petitioners' Schedule C activities, petitioner           
          presented canceled checks and credit card statements for amounts            
          paid for: telephone services; office supplies; an accountant's              
          services for preparing taxes; professional dues and fees; postal            
          service; a computer rental; insurance on the home; electric                 
          service in the home; travel expenses such as out-of-town motels,            
          restaurants, and gas; truck rental; and auto maintenance.                   
          Petitioner testified that he conducted his legal services, the              
          antiques business, and the oil and gas activities out of 700                
          square feet of his home.  Petitioner testified that the above               
          expenses were for his businesses, but with the exception of the             






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