David M. Sears and Carol L. McCabe - Page 3

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          Revenue Code in effect for the year in issue, and all Rule                  
          references are to the Tax Court Rules of Practice and Procedure.            
               Respondent determined a deficiency in petitioners’ 2000                
          Federal income tax of $2,115.  After concessions by the parties,1           
          the issues for decision are:  (1) Whether petitioner David                  
          Sears’s sales activity was engaged in for profit, and (2) if the            
          activity was engaged in for profit, to what extent petitioners              
          have substantiated the expense deductions claimed on their                  
          Schedule C, Profit or Loss From Business.2                                  
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts, supplemental stipulation of facts, and            
          the attached exhibits are incorporated herein by this reference.            
          Petitioners are married and resided in Oroville, California, at             
          the time they filed their petition.                                         


               1  Petitioners concede the following Schedule C, Profit or             
          Loss From Business, expenses:  $100 of commissions and fees                 
          expense, $1,322 of employee benefit programs expense, $31 of                
          other interest expense, and $12 of taxes and licenses expense.              
          They also concede that petitioner David Sears received $768 of              
          nonemployee compensation.  Respondent concedes that petitioners             
          paid $10,149 of home mortgage interest and $1,115 of real estate            
          taxes.                                                                      
               2  Petitioners now claim additional expense deductions                 
          beyond those claimed on their Schedule C.  Based on our                     
          resolution of the first issue in this case, infra, we need not              
          address whether they are entitled to deduct additional Schedule C           
          expenses.  Respondent also adjusted petitioners’ Schedule A,                
          Itemized Deductions, for mortgage interest paid and property                
          taxes paid.  These adjustments are computational; therefore, we             
          need not address them.                                                      




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