Gary Friedmann - Page 39




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             B.   Supplies and Services                                               
                  Included among the returns and allowances reported on               
             his 1989 return are payments that petitioner claims to have              
             made to clients to purchase "supplies and services".                     
             Petitioner relies upon his own testimony and copies of                   
             canceled checks to substantiate this claim.  Petitioner                  
             testified that the payments in this category, totaling                   
             $5,500, consist of payments to three clients, Mr. Dana,                  
             Mr. Kolton, and Jepsco, in the amounts of $500, $500, and                
             $4,500, respectively.  At trial, petitioner testified that               
             the $500 payment to Mr. Dana was a fee "for supplies that                
             he provided for me in my business", the $4,500 payment to                
             Jepsco was "for consulting fees", and the $500 payment to                
             Mr. Kolton was "for legal services * * * in a probate                    
             matter" rendered by Mr. Kolton.  Petitioner testified                    
             further that Mr. Kolton assisted petitioner with a probate               
             matter and "looked up some stuff and filed a paper".                     
             Petitioner introduced copies of three canceled checks                    
             payable to Mr. Dana, Mr. Kolton, and Jepsco containing the               
             notations "fee", "serv.", and "consulting", respectively,                
             in the memo section of the checks.                                       
                  The evidence offered by petitioner is insufficient to               
             substantiate that petitioner is entitled to offset gross                 
             income by, or to deduct, these amounts.  Petitioner's                    






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