- 25 - Claimed Rental Expense Deductions In Schedules E of their 1996 and 1997 joint returns, peti- tioners claimed rental expense deductions of $29,382.66 and $17,438, respectively, with respect to the Doon Way residence. Respondent determined to disallow those claimed deductions. We turn first to the rental expense deductions that peti- tioners claimed in Schedule E of their 1996 joint return. It is respondent’s position that petitioners are not entitled to the rental expense deductions claimed for 1996 because they have failed to establish (1) that the expenses in question were incurred or, if incurred, that those expenses were incurred with respect to the Doon Way residence and (2) that those rental expense deductions are not disallowed by section 280A. Petition- ers introduced no evidence supporting their entitlement to those deductions. On the instant record, we find that petitioners have failed to carry their burden of proving that they are entitled to deduct the rental expenses claimed in Schedule E of their 1996 joint return. We turn next to the rental expense deductions that petition- ers claimed in Schedule E of their 1997 joint return. On brief, respondent concedes that petitioners incurred certain rental expenses with respect to the Doon Way residence.14 However, 14At trial, petitioners introduced into the record certain checks to establish that during 1997 they paid certain expenses for advertising, cleaning and maintenance, utilities, and insur- ance. Those checks, when totaled for each such category of expense, exceed the total amount of expenses that petitioners (continued...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011