John R. Hernandez - Page 9




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               Section 212 provides a deduction for all ordinary and                  
          necessary expenses paid or incurred with respect to management,             
          conservation, and maintenance of property held for the production           
          of income, including real property rental.  Sec. 1.212-1(h),                
          Income Tax Regs.  Since the record is void of adequate receipts             
          or records that would substantiate petitioner’s claimed expenses,           
          we sustain respondent’s determination.3                                     
               3. Schedule A Deductions for 1995                                      
               In 1995, petitioner deducted $4,135 for investment interest            
          on Schedule A.  Petitioner attributed the amount to disallowed              
          investment interest from taxable year 1994.                                 
               In the case of a cash basis taxpayer, section 163(a) allows            
          for a deduction of all interest paid during the taxable year.               
          Individual taxpayers are not permitted to deduct personal                   
          interest.  Sec. 163(h)(1).  Personal interest does not include              
          investment interest.  Sec. 163(h)(2)(B).  Investment interest is            
          any interest allowable as a deduction which is paid or accrued on           
          indebtedness properly allocable to property held for investment.            
          Sec. 163(d)(3)(A).  A taxpayer may deduct investment interest up            
          to the amount of net investment income.  Sec. 163(d)(1).                    
               Petitioner did not establish that investment interest was              
          disallowed from 1994, nor did he establish that he paid                     

               3    Even if petitioner had produced receipts and records to           
          support his deductions, petitioner did not hold the Bahamas                 
          property for the production of income.  Secs. 183(a), (c); 212.             





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