Marvin J. Lewis and Brenda J. Lewis - Page 6




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          moving from office to office fails to show that this was a loss             
          beyond his control as contemplated by section 1.274-5(c)(5),                
          Income Tax Regs.  Silver v. Commissioner, T.C. Memo. 1972-102.              
          Nor has petitioner reasonably reconstructed his expenditures                
          under the regulations.  Gizzi v. Commissioner, 65 T.C. 342, 345-6           
          (1975).  Accordingly, we must sustain respondent’s determination            
          on this issue.                                                              
               As to the rent deduction issue, respondent allowed $3,825              
          and disallowed $3,675 of the amount claimed as a deduction.  When           
          we reached this issue at trial, we asked petitioner whether he              
          could provide any evidence to establish that he was entitled to             
          an additional amount over and above what respondent allowed.  The           
          response by petitioner was “No, I have nothing else to submit.”             
          We deem this issue conceded by petitioners and sustain                      
          respondent’s determination as to rental expenses.                           
               With respect to determinations of gain or loss, section                
          1001(a) provides that the gain from the sale or other disposition           
          of property shall be the excess of the amount realized therefrom            
          over the adjusted basis provided in section 1011 for determining            
          gain, and the loss shall be the excess of the adjusted basis                
          provided in such section for determining loss over the amount               
          realized.  Sections 1011 and 1012 provide, insofar as relevant in           
          this case, that the adjusted basis of the property shall be its             
          cost.  Section 1016 provides that proper adjustments shall be               





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