Fawzi and Dolores Tay Tay Assaad - Page 12

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          substantiate any item” and “the taxpayer has maintained all                 
          records required under this title and has cooperated with                   
          reasonable requests by the Secretary for witnesses, information,            
          documents, meetings, and interviews”.  Sec. 7491(a)(2)(A) and               
          (B).  For reasons discussed in more detail below, petitioners               
          failed to comply with the applicable substantiation requirements,           
          and they have failed to maintain all required records with                  
          respect to their expenses in the Atherton project.                          
               Taxpayers are required to keep such permanent records as are           
          sufficient to substantiate the amount and the purpose of any                
          deductions.  Sec. 6001; Higbee v. Commissioner, 116 T.C. 438, 440           
          (2001); Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd.              
          per curiam 540 F.2d 821 (5th Cir. 1976); sec. 1.6001-1(a), Income           
          Tax Regs.  Petitioners have failed to substantiate the vast                 
          majority of the expenses that they rely upon to compute the 1992            
          NOL.                                                                        
               1.  Land Purchase and Related Expenses                                 
               Petitioners claim that they paid a total of $2,017,397.50 to           
          purchase the land used for the Atherton project, consisting of              
          the following:                                                              
                    Item                                 Amount                       
                    Land loan                     $1,460,000.00                       
                    Deposit from Assaad savings   422,397.50                          
                    Deposit paid outside escrow        200,000.00                     
                    Advance by Trudell & Coghan        (200,000.00)                   
                    Credit for amount paid before escrow141,125.08                     
                    Interest portion of this Credit     1(6,125.08)                   






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