Vanessa K. Bernardo - Page 16

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          GAP, from which she derived all of her earned income.  She had no           
          music industry expertise, and she had no prior experience in                
          backing aspiring recording artists.  In addition, there is no               
          evidence that there were any significant assets associated with             
          Cool G Records that could appreciate in value.  Lastly,                     
          petitioner obviously derived a certain amount of personal                   
          pleasure or satisfaction from watching her daughter progress in a           
          highly competitive industry.  Thus, seven of the nine factors               
          listed in section 1.183-2(b), Income Tax Regs., militate against            
          a finding that petitioner’s financial support of Melissa and Cool           
          G Records was undertaken for profit, and the other two factors              
          are, at best, neutral (as of 1999, the year in which Cool G                 
          Records first became operative, there could be neither                      
          “occasional profits” nor a “history of income or losses”).                  
                    3.  Conclusion                                                    
               Petitioner is not entitled to the deductions (loss) claimed            
          on Schedule C of the 1999 amended return.                                   
          II.  Schedule A Deductions                                                  
               A.  Burden of Proof                                                    
               For the reasons stated infra, in section II.B., we find that           
          petitioner has failed to introduce credible evidence that she is            
          entitled to deduct her expenditures for clothing required to be             
          worn by her on the job by her employer, Mervyn’s, and, as                   
          discussed infra, in section II.C., we find that she has failed to           






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