Diane Gussie - Page 8




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          Issue 2.  Petitioner’s Claimed Deductions for 1988 and 1993                 
               The remaining dispute for 1988 concerns petitioner’s claim             
          to a commission expense deduction in the amount of $10,000.6  The           
          only dispute in 1993 involves petitioner’s claim to various                 
          deductions, the precise nature of which is not clear from the               
          record.7                                                                    
               Deductions are a matter of legislative grace, and a taxpayer           
          must substantiate amounts claimed as deductions by maintaining              
          records adequate to establish such entitlement.  Sec. 6001;                 
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992); sec.                 


               5(...continued)                                                        
          petitioner has not “fully cooperated” with respondent as required           
          by the statute.  Sec. 6201(d) provides that full cooperation                
          includes “providing * * * access to and inspection of all * * *             
          documents within the control of the taxpayer” if reasonably                 
          requested.  Petitioner admits possessing the books and records of           
          Bankers Mortgage yet never provided such records to respondent              
          despite respondent’s repeated requests that petitioner                      
          substantiate her claims regarding the Form 1099 from Bankers                
          Mortgage.  Thus, with respect to this item of income, petitioner            
          has not “fully cooperated”, and sec. 6201(d) is inapplicable.               
          See McQuatters v. Commissioner, T.C. Memo. 1998-88.                         
               6 Petitioner claimed this deduction as a Schedule C, Profit            
          or Loss From Business, expense on the 1988 Form 1040 she                    
          submitted to respondent in connection with these proceedings.               
          Respondent allowed the other Schedule C expenses that petitioner            
          claimed on the Form 1040 but contends that petitioner has not               
          adequately substantiated that the $10,000 represented a                     
          deductible expense rather than a capitalizable cost related to              
          the acquisition of real estate.                                             
               7 Petitioner claimed various expenses on a 1993 Form 1040              
          that she submitted to respondent shortly before trial.                      
          Respondent agreed to allow certain deductions listed on Schedule            
          A and Schedule C of the Form 1040 that respondent concedes were             
          adequately substantiated but contends that all remaining                    
          deductions claimed by petitioner have not been substantiated.               




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