Fawzi and Dolores Tay Tay Assaad - Page 24

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          against petitioners as we must.18  Petitioners have not shown a             
          reasonable basis for concluding that any amount of the $320,000             
          loan, the $250,000 loan, and the $350,000 loan represents                   
          deductible expenses.  With respect to the Pacific construction              
          loan and the First National loans, we are not convinced that the            
          full amounts of those loans were paid into the project and are              
          deductible.  Given the circumstances of this case and the                   
          inexactitude apparent from petitioners’ evidence, we have no                
          reasonable evidentiary basis to make an approximation as to the             
          amount of the deductible expenses which were paid from those                
          loans.  We cannot, as petitioners would have us do, conclude that           
          the entire amounts of the construction loans were paid into the             
          Atherton project.  We could choose a raw percentage, perhaps as             
          high as 80 or 90 percent, and apply that percentage to the total            
          amount of the loans.  However, our choice of a percentage would             
          be mere guesswork with no reasonable evidentiary basis.                     
               5.  Interest Expense                                                   
               The parties stipulated that “During respondent’s audit of              
          the 1992-generated net operating loss carryover deduction claimed           

               18Petitioners’ situation in this case is a result of their             
          own inexactitude and failure to maintain records of their                   
          expenses.  Further, we find petitioners’ efforts before trial to            
          locate any records that might be in the hands of third parties              
          especially lax.  Moreover, Mr. Assaad’s testimony at trial was              
          confusing, and he repeatedly could not remember seemingly                   
          important facts.  His testimony did not help to substantiate his            
          expenses, and he did not provide any rational basis from which to           
          estimate those expenses.                                                    





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