James C. Blanning, Jr. - Page 8

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          way flawed.  Likewise, petitioner has not shown that respondent’s           
          determination of unreported income was in error.  Accordingly, we           
          sustain respondent’s determination and hold that petitioner                 
          failed to report gross income from his real estate activity of              
          $75,614 and $27,462 for 1992 and 1993, respectively.                        
          Whether Petitioner Is Entitled to Deductions in Connection With             
          His Real Estate Business Activity                                           
               Generally, a taxpayer must show that he is entitled to                 
          deductions with respect to his business activity.  Rule 142(a);             
          Welch v. Helvering, supra.  Under section 162(a), ordinary and              
          necessary expenses incurred in carrying on a trade or business              
          may be deductible.  The fact that a deduction was incurred in an            
          illegal activity is not sufficient to deny a deduction that is              
          otherwise allowable.  Commissioner v. Tellier, 383 U.S. 687                 
          (1966); Commissioner v. Sullivan, 356 U.S. 27 (1958); Brizell v.            
          Commissioner, 93 T.C. 151 (1989); cf. sec. 162(c), (f).                     
          Taxpayers are required to maintain books and records in support             
          of the items reported on a return.  Sec. 1.6001-1(a), Income Tax            
          Regs.  More stringent record keeping requirements apply to                  
          certain travel and entertainment expenses.  Sec. 274(d).                    
               In this case, petitioner has attempted to meet his burden by           
          reconstructing his expenditures through secondary and incomplete            
          documentation.  In particular, petitioner offered credit card               
          statements and some invoices.  Respondent reviewed petitioner’s             
          documents and after performing a perfunctory analysis, contends             





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