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issue they had a loan outstanding from Commercial Bank and
(2) that during each such year they made an interest payment on
any such alleged loan.7 On the record before us, we find that
petitioners have failed to carry their burden of showing that
they are entitled for the years at issue to the respective
interest deductions that they are claiming for such years for
alleged interest payments to Commercial Bank.
Claimed Depreciation Deduction for 1996
Petitioners contend that they are entitled to deduct for
1996 depreciation of $22,403.18. Respondent concedes on brief
they are entitled to deduct for that year $5,295 of depreciation.
On the instant record, we reject petitioners’ contention that
they are entitled to deduct for 1996 depreciation in excess of
the amount conceded by respondent. On the record before us, we
find that petitioners have failed to carry their burden of
showing that they are entitled to deduct for 1996 $17,108.18 of
depreciation in addition to the $5,295 of depreciation for that
year to which respondent conceded they are entitled.
Claimed Credits for Withholding and Estimated Tax Payments
Petitioners contend that they are entitled to the following
7Assuming arguendo that petitioners had established that
during each of the years at issue they paid the amount they are
claiming as interest on a loan from Commercial Bank, on the
instant record, we find that petitioners have failed to establish
that any such interest is deductible for each such year. For
example, any such interest could have been personal interest that
is not deductible under sec. 163(h).
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