A. Wayne and Linda D. Doudney - Page 8

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          did not produce any credible evidence to substantiate the claimed           
          losses or to contest respondent’s determination that petitioners            
          had long-term capital gain income for 1999.9  Instead,                      
          petitioners relied solely on the four summary affidavits                    
          submitted to respondent during the examination of their 1999 and            
          2000 amended returns.                                                       
               Because petitioners have failed to prove that respondent’s             
          determinations disallowing petitioners’ capital losses and                  
          adjusting petitioners’ capital gain income are in error, we                 
          sustain respondent’s determination recalculating petitioners’               
          capital gain income for 1999 and respondent’s determination                 
          disallowing the balance of petitioners’ 1999 capital losses.                
          Substantiation of Deductions                                                
               Petitioners deducted business expenses on Schedules C and F            
          and claimed itemized deductions on Schedule A for 1999 and 2000.            
          The pertinent Code sections authorizing such deductions are                 
          sections 162(a), 164, and 170.                                              
               Under section 162(a), a taxpayer may deduct ordinary and               
          necessary business expenses incurred or paid during the taxable             
          year.  An ordinary expense is one that is common and acceptable             
          in the particular business.  Welch v. Helvering, 290 U.S. at 113-           
          114.  A necessary expense is an expense that is appropriate and             

               9Respondent’s capital gain adjustment for 1999 resulted from           
          respondent’s disallowing the basis claimed by petitioners in                
          connection with reported sales of some stock.                               





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