Harlan D. Edwards and Floors by Harlan, Jody Edwards, Trustee - Page 20

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          Floors Trust had unreported income in that amount,12 which is               
          reportable by Harlan because Floors Trust is disregarded.                   
          V. Floors Trust Deductions                                                  
               A.  Rent                                                               
               Respondent determined that a $6,000 rent expense deduction             
          claimed on the Floors Trust return should be disallowed for                 
          failure to substantiate or to show that such expenses were                  
          ordinary or necessary business expenses.13  On brief, respondent            
          contends only that the rent expenditures were not ordinary and              
          necessary expenses of the floor installation business, within the           
          meaning of section 162, because rent had not been paid before the           


               12 We are mindful that the Court of Appeals for the Ninth              
          Circuit, to which an appeal in this case would ordinarily lie,              
          has held that, where unreported income has been determined, the             
          presumption of correctness attaches to a notice of deficiency               
          only where the Commissioner has established “some evidentiary               
          foundation” linking the taxpayer to an income-producing activity            
          or the receipt of unreported income.  See Rapp v. Commissioner,             
          774 F.2d 932, 935 (9th Cir. 1985); Edwards v. Commissioner, 680             
          F.2d 1268, 1270 (9th Cir. 1982).  In this case, given that Harlan           
          conceded (i) that he received services from bartering equal in              
          value to the amounts determined by respondent and (ii) that                 
          amounts paid for the floor installation services rendered by                
          Harlan were deposited into the bank account that respondent                 
          analyzed, there is an ample evidentiary foundation for                      
          respondent’s determination of unreported income.                            
               13 Because we have concluded that Floors Trust is a sham               
          that is disregarded for Federal income tax purposes, it is                  
          Harlan, as sole proprietor of the floor installation business               
          reported to the Schedule C filed by Floors Trust, who may be                
          entitled to any deduction for rent (or other trade or business              
          expenses) claimed by Floors Trust.  We note in this regard that             
          respondent has conceded Harlan’s entitlement to deductions for              
          numerous expenses of the floor installation business initially              
          claimed by Floors Trust on its 1998 return.  See supra note 10.             




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