- 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 thatPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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