Michael P. and Pamela J. Hopkins - Page 22

                                       - 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.                                              




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