- 22 - constitute improvements to the condo, on that record, we are not persuaded that petitioners did not deduct as rental expenses for years prior to the years at issue the cost of such improvements. As for the copy of the check payable to Spa Shops on which petitioners rely, Ms. Stoddard did not testify about that copy. The sheet of paper on which the copy of the check appears con- tains the following handwritten notation: “Basis For P.T. Condo”. We are not satisfied from that notation or from any other part of the record before us that the check payable to Spa Shops represented a disbursement for an improvement to the condo. As for the 1993 loan application on which petitioners rely, Ms. Stoddard did not testify about that copy. The sheet of paper on which the copy of the 1993 loan application appears contains the following handwritten notation: “Condo & Boat Basis”. We are not satisfied from that notation or from any other part of the record before us that petitioners used all or a portion of the 1993 loan proceeds that they received as a result of the 1993 loan application in order to make improvements to the condo. On the record before us, we find that petitioners have failed to carry their burden of establishing that they paid for improvements to the condo that should be added to their cost basis in the condo. We turn next to respondent’s contention that, pursuant to sections 1011(a) and 1016(a)(2), petitioners’ adjusted basis in the condo must reflect reductions made for the depreciation allowed or allowable, whichever is greater, under section 167(a)Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011