Steven K. Stoddard and Ellen M. Stoddard - Page 22




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          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)            






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