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record that petitioners’ allowable medical expenses exceed those
conceded by respondent.
With respect to the charitable contributions, Ms. Jackson
did not present any independent corroboration of her claims,
notwithstanding prior advice by respondent’s counsel and by the
Court that she do so at the time of trial. The documents
presented at trial included alleged records of noncash
contributions, but respondent had already conceded the amount
claimed on the return for those contributions. Original records
were not produced for any contributions, and it was unclear who
had supplied information on certain of the alleged receipts,
including Mr. Jackson’s name on some and the payee on others.
Certain “receipts” had been altered to increase the dollar
amounts shown. Even so, amounts shown on the documentation
presented totaled far less than the $3,600 claimed by petitioners
on their tax return. The evidence did not satisfy the
substantiation requirements of section 1.170A-13(a)(1), Income
Tax Regs., and does not give us a reliable basis for estimating
petitioners’ deductible contributions.
With respect to petitioners’ belated claim that a portion of
the mortgage loan proceeds should be deductible as business
expenses, petitioners have not shown that the amount that they
now claim was not previously included and allowed on the
Schedule C that they filed. Moreover, as respondent argues,
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Last modified: May 25, 2011