Fawzi and Dolores Tay Tay Assaad - Page 29

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          “hard costs” and that Mr. Assaad paid the soft costs from his own           
          funds.  Petitioners claim that respondent allowed those expenses,           
          which were claimed in their 1992 return, in his examination of              
          the 1996 and 1997 returns.                                                  
               The only item in the record regarding these expenses is the            
          Schedule C attached to the 1992 return that petitioners filed.              
          The fact that a return is signed under penalty of perjury is not            
          sufficient to substantiate deductions claimed on it.  Wilkinson             
          v. Commissioner, 71 T.C. 633, 639 (1979).  Petitioners provided             
          no direct or indirect evidence to substantiate their so-called              
          “soft costs” of construction.  We have no rational basis for                
          estimating those expenses, verifying whether they were in fact              
          incurred, or determining their deductibility.  Further,                     
          petitioners have not adduced sufficient proof to show that those            
          costs were not paid with the proceeds of the construction loans.            
          Petitioners claim, but point to no evidence of record to                    
          establish, that respondent allowed the expenses as part of his              
          examination of the 1996 and 1997 returns.                                   
               7.  Conclusion                                                         
               Because petitioners have failed to substantiate properly, or           
          otherwise present a reasonable evidentiary basis for estimating,            
          the expenses that were paid into the Atherton project in amounts            
          greater than the amounts that respondent allowed in the notice of           
          deficiency, we sustain respondent’s computation of the NOL for              






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