Robert B. and Betty D. Harris - Page 27




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               For 1995, petitioners deducted legal and professional                  
          expenses of $7,920, of which respondent allowed $5,000.  The                
          remaining $2,920 amount was disallowed in the notice of                     
          deficiency.  In support of the deductibility of this $2,920,                
          petitioners produced canceled checks showing the following                  
          payments:                                                                   

               Date           Payee                    Amount                         
               01/13/95       Susan Javellana     $  500                              
               01/23/95       Betty Crutcher           500                            
               01/23/95       Jim Costa                70                             
               07/28/95       Tanya L. Lynch           400                            
               07/28/95       Antonio Cristi           100                            
               07/28/95       Tanya Oliver             100                            
               07/28/95       Vanessa M. Taylor        550                            
               12/15/95       Titi Oconnor             700                            
               Total                                 $2,920                           

          All of these checks were signed by petitioner; however, none                
          listed a notation in the memo section as to the purpose or reason           
          for payment, nor whether the payees were attorneys.  Moreover, no           
          evidence was presented to show the relationship of most of these            
          payees to petitioner’s business activities.  Finally, no evidence           
          was presented that would indicate these payments were incurred in           
          petitioner’s trade or business.  Thus, the Court holds that these           
          expenses are not deductible.                                                
               For 1996, petitioners deducted $468.54 in legal and                    
          professional expenses, all of which was disallowed by respondent.           








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