Earl G. Higbee and Lesley A. Higbee - Page 3




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          account of a failed business as part of a chapter 13 bankruptcy             
          proceeding, and (5) various expenses related to two rental                  
          properties.  Finally, we must decide whether petitioners are                
          liable for an addition to tax under section 6651(a)(1) and an               
          accuracy-related penalty under section 6662(a).                             
                                     Background                                       
               Petitioners contest respondent’s determinations with regard            
          to their 1996 and 1997 tax years.  In the notice of deficiency,             
          respondent disallowed the following deductions for 1996:  (1) A             
          $3,000 capital loss, (2) $57,099 in expenses listed on                      
          petitioners’ Schedule A, Itemized Deductions, (3) $5,487 in                 
          expenses listed on petitioners’ Schedule C, Profit or Loss From             
          Business, and (4) $25,811 in expenses listed on petitioners’                
          Schedule E, Supplemental Income and Loss.  After concessions, the           
          parties agreed that petitioners are entitled to:  (1) The $3,000            
          capital loss, (2) $7,070 in itemized deductions,1 (3) $3,567 in             
          Schedule C expenses (with the remainder still in dispute), and              
          (4) the $25,811 Schedule E expenses.                                        
               With regard to the 1997 tax year, respondent disallowed the            
          following deductions:  (1) A $3,000 capital loss, (2) $41,172 in            

               1  The parties agreed that petitioners are entitled to                 
          deduct the following amounts:  (1) $822 for taxes, (2) $1,189 for           
          interest, (3) $1,500 for charitable contributions, (4) $484 for             
          union dues, and (5) $3,075 for unreimbursed employee expenses.              
          We remind the parties that when making their Rule 155                       
          calculations, miscellaneous itemized deductions must be adjusted            
          for the 2-percent floor.  See sec. 67.                                      





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