Estate of Haines B. Gaffner - Page 9




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          that we have found Mr. Gaffner and Ms. Gaffner paid during that             
          year, $50,000 of which they wired to J.D.I. Realty and $15 of               
          which they paid to First Interstate Bank as a wire-transfer fee.            
          On the instant record, we find that petitioners have failed to              
          establish the purposes for which the respective payments were               
          made to Continental Mortgage Company and to J.D.I. Realty.5  On             
          the record before us, we find that petitioners have failed to               
          carry their burden of showing that the respective amounts of                
          $10,000, $50,000, and $15 paid during 1996 to Continental Mort-             
          gage Company, J.D.I. Realty, and First Interstate Bank are                  
          deductible for that year under section 162(a), section 212, or              
          any other section of the Code.                                              
               We turn now to the respective amounts of $59,130.12,                   
          $64,014.86, $105,679.24, $123,232.28, and $34,707.91 that peti-             
          tioners contend are interest payments that they made to Commer-             
          cial Bank during 1992, 1993, 1994, 1995, and 1996.6  On the                 
          instant record, we find that petitioners have failed to carry               
          their burden of establishing (1) that during each of the years at           



               5The purpose of the $50,000 payment during 1996 that Mr.               
          Gaffner and Ms. Gaffner made, via a bank wire of their funds, to            
          J.D.I. Realty governs the deductibility of the $15 fee that they            
          paid to First Interstate Bank for that wire transfer.                       
               6At trial, respondent conceded that petitioners are entitled           
          for 1996 to interest deductions of $36,547.14 and $77,747.58 with           
          respect to mortgage interest that they paid during that year to             
          Lornty Investment Co. and SFG Data Mortgage Servicing, Inc.,                
          respectively.                                                               





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