James E. Harrell - Page 7




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          He also visited his father on these trips.  Petitioner provided             
          no record of his mileage and failed to meet the strict                      
          substantiation requirements of section 274(d).  Accordingly, we             
          find that petitioner is entitled to deduct only the $382.68 of              
          union dues expense conceded by respondent.                                  
               Petitioner deducted $3,600 of expenses for legal fees and              
          "claim of right" and $8,150 of other miscellaneous expenses for             
          the "claim of right".  He did not know how the $3,600 amount was            
          allocated between the two expenses.  Legal fees may be deductible           
          as an itemized deduction under section 212 if they are paid for             
          the production or collection of income or for the management,               
          conservation, or maintenance of income producing property.                  
          Petitioner did not substantiate that he paid the legal fees, nor            
          did he establish his right to deduct them under section 212.  In            
          regards to the "claim of right" expenses, it appears that                   
          petitioner borrowed money from a Mr. Ashley and Mr. Ashley then             
          sued to collect the money.  Petitioner testified that the "claim            
          of right" expenses were the amounts he transferred to Mr. Ashley            
          in repayment of the loan.  There was no documentation supporting            
          petitioner's testimony that these payments were actually made.              
          In any event, it is well established that deductions are not                
          permitted on account of the repayment of loans.  Brenner v.                 
          Commissioner, 62 T.C. 878, 883 (1974); Clark v. Commissioner,               
          T.C. Memo. 1994-120, affd. without published opinion 68 F.3d 469            





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