- 7 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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