Residential Management Services Trust - Page 28




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          that the claimed expenses were paid or incurred during 1995 and             
          that they were ordinary and necessary to Michael’s business.                
          Respondent further explained his adjustment disallowing the                 
          claimed deduction for Michael’s business use of his home on the             
          ground that certain prerequisites to that deduction had not been            
          established.  On brief, respondent concedes (and we agree) that             
          the Careys may deduct the following expenses, on the basis of               
          evidence they presented:                                                    
                         Mortgage interest        $8,785                              
                         Property rental          22,200                              
                         Supplies                 684                                 
                         Utilities                609                                 
                         Wages                    102,311                             
                         Food                     19,377                              
                         Medical services         150                                 
                         Maintenance/ops          3,460                               
                         Telephone                 315                                
                         Total                    157,891                             
               Respondent argues that the Careys have failed to prove any             
          additional expenses.  In the main, we agree with respondent.  At            
          the trial of this case, the Court accepted into evidence two                
          exhibits offered by the Careys, together consisting of over 300             
          pages showing photocopies of checks and other documents relating            
          to Sunshine and Rancho.  In each case, the checks and other                 
          documents appear to relate to only a portion of 1995.                       
          Particularly with regard to the Rancho checks and documents, much           
          of the data entered thereon is illegible.  The Court instructed             
          the Careys to schedule that data and, on brief, make proposed               







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