William S. Fairey, Jr., and Susan R. Fairey - Page 15

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          burden of proof except with respect to the fraud penalty.  See              
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                  
          C.   Whether Petitioners May Deduct More for Schedule C Expenses            
               Than Respondent Allowed                                                
               1.   Advertising Expenses                                              
               Petitioners deducted advertising expenses of $575 for 1999             
          and $7,500 for 2000 on the Schedules C for petitioner’s                     
          consulting activity.  Petitioner testified that the cost of                 
          printing his business cards is deductible as an advertising                 
          expense.  However, petitioners did not show how much petitioner             
          had paid to have business cards printed.  Petitioners’ $7,500               
          advertising expense deduction for 2000 is based on their claim              
          (which we have rejected) that petitioner paid that amount to                
          Special Friends.  We conclude that petitioners may not deduct any           
          amount for advertising expenses for 1999 or 2000.                           
               2.   Legal and Professional Expenses                                   
               Petitioners deducted legal and professional expenses of                
          $5,500 for 1999, $59,727 for 2000, and $2,000 for 2001 on the               
          Schedules C for petitioner’s consulting activity.  Petitioner               
          paid $5,500 to the Nelson Hesse law firm for representing him in            
          his lawsuit against TruGreen.  That payment was not related to              
          petitioner’s consulting activity.2                                          


               2  Respondent conceded that petitioners may deduct the                 
          $5,500 payment to the Nelson Hesse law firm as an itemized                  
          deduction for 1999.                                                         





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