Peter and Mary Possas - Page 13




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               Respondent used BLS statistics to calculate petitioners’ net           
          income for the 1996 tax year for the hairdressing activity                  
          because petitioners’ records were inadequate.  By relying on the            
          BLS statistics, respondent allowed petitioners’ deductions for              
          expenses based on industry statistics but did not rely on                   
          petitioners’ actual and substantiated expenses.  The examiner               
          testified that “The only thing I was provided with substantially            
          was a handful of checks for what was supposed to be expenses for            
          her for the business.”  Petitioners did not provide the Court               
          with additional information to substantiate their expenses, such            
          as receipts or testimony.                                                   
               Respondent’s use of the bank deposit analysis and BLS                  
          statistics to reconstruct income for 1996 is reasonable.                    
          Respondent’s determination in this regard is sustained.                     
          3.  Advertising Expenses                                                    
               Generally, a taxpayer is allowed a deduction for ordinary              
          and necessary advertising expenses under section 162 and section            
          1.162-1, Income Tax Regs.  Only those business expenses greater             
          than the amounts advanced or reimbursed by the employer are                 
          deductible by the employee under section 162 and section 1.162-             
          17(b)(3) or (c), Income Tax Regs.                                           
               Petitioners claimed an advertising expense deduction for the           
          1995 tax year as an unreimbursed employee business expense                  
          deduction.  As indicated, respondent bears the burden of proof on           






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