Claude D. Mayo, Sr. and Lessie M. Mayo - Page 8

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          1996, ever sought expert advice concerning the profitability of             
          the venture.  In the same vein there is no evidence that                    
          petitioner altered his method of doing business to cut the stream           
          of losses.  The bottom line is that, whatever this activity was,            
          it was not operated for profit.                                             
               There is one aspect of respondent’s determinations with                
          regard to Mayo’s Auto Sales that we think was erroneous.                    
          It appears to us that the computation of tax in the notice of               
          deficiency incorrectly adds the Schedule C gross receipts to the            
          total adjustments for both years.  Respondent disallowed the                
          total Schedule C expenses for both years and then added the                 
          Schedule C gross income to petitioners’ taxable income and                  
          subtracted the same amounts as miscellaneous deductions on                  
          Schedule A.  The taxable income for 1995 and 1996 appears to be             
          overstated by $10,530 and $11,580, respectively.  This can be               
          corrected in the Rule 155 computation.                                      
          2.  Medical and Mortgage Interest Expenses                                  
               With regard to the disallowance of the deduction for medical           
          expenses for 1996, petitioners have the burden of establishing              
          that respondent’s determination is erroneous.  Rule 142(a).                 
          Section 7491 does not affect the burden of proof where the                  
          taxpayer has not substantiated deductions.  Higbee v.                       
          Commissioner, 116 T.C. 438, 440-441 (2001).  The deduction was              
          disallowed because petitioners had not substantiated the                    






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