Oliver W. and Edna D. Wilson - Page 51




                                       - 51 -                                         
          with respect to that part of the underpayment resulting from                
          respondent’s NOL carryforward adjustment.                                   
               As to petitioners’ disallowed 1992 and 1993 depreciation               
          expenses from the 5401-9 S. Broadway property, the record                   
          reflects that Mr. Collins visited the property many times over              
          the years, was familiar with the configuration of the building,             
          and was aware that not all the building was being used for rental           
          purposes by petitioner during 1992 and 1993.  Nevertheless, Mr.             
          Collins computed depreciation with respect to 5401-9 S. Broadway            
          for 1993 and prior years by taking into account the entire                  
          building.  When questioned about this inconsistency, Mr. Collins            
          explained that the entire property, at one time, had been                   
          available for rental.                                                       
               In addition, although some of petitioners’ claimed Schedules           
          C and E expenses for 1992 and 1993 from the 5401-9 S. Broadway              
          property were not substantiated at trial, Mr. Collins testified             
          that petitioners had receipts and documents substantiating all              
          these claimed expenses.                                                     
               We are satisfied that petitioners relied upon their                    
          accountant to compute their annual depreciation expenses and to             
          decide whether the expenses claimed on their Schedules C and E              
          from the 5401-9 S. Broadway property were deductible.  In light             
          of petitioners’ lack of tax training and their attempts to obtain           
          competent professional help, we are also satisfied that                     






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