- 22 - With respect to petitioners’ substantial authority argument as it relates to Mr. Hopkins’s claimed Schedule C deduction of $67,084, petitioners’ treatment in their 1999 joint return of Mr. Hopkins’s automobile racing expenditures of $67,084 is different from the position they are now advancing with respect to such expenditures. In petitioners’ 1999 joint return, petitioners included Mr. Hopkins’s automobile racing expenditures of $67,084 as part of the nonpassive loss of $103,150 from Mr. Hopkins’s S Corporation that they claimed in petitioners’ Schedule E.25 Petitioners concede that that treatment was wrong. See supra note 14. On the record before us, we reject petitioners’ sub- stantial authority argument as it relates to Mr. Hopkins’s claimed Schedule C deduction of $67,084. With respect to petitioners’ substantial authority argument as it relates to Mr. Hopkins’s S Corporation’s claimed advertis- ing expense deduction of $3,130 and Mr. Hopkins’s S Corporation’s claimed promotional expense deduction of $39,000, we find that all of the authorities on which petitioners rely to support entitlement to those deductions are materially distinguishable 24(...continued) “failed to provide sufficient evidence that the Sole Proprietor- ship or Subchapter S Corporation’s treatment of any item was not supported by substantial authority.” 25The balance of the nonpassive loss of $103,150 from Mr. Hopkins’s S Corporation that petitioners claimed in petitioners’ Schedule E consisted of Mr. Hopkins’s S Corporation’s claimed 1999 ordinary loss of $36,066.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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