Malcolm Elwood McClain - Page 5




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          Schedule C Activities                                                       
               Petitioner attached to his tax returns Schedules C, claiming           
          losses from five different activities: (1) Automobile restoration           
          for all 3 years, (2) “Board and Room Rental” for all 3 years, (3)           
          timber and firewood sales for 1994, (4) health food sales and               
          “resort” for 1994 and 1995, and (5) oil and gas for 1997.                   
               Automobile Restoration                                                 
               Petitioner bought several automobiles with the expectation             
          of restoring and selling them.  After the rezoning of his real              
          estate, however, the county “raised a fuss” about the cars and              
          certain building materials he maintained on his property.  As a             
          result, in 1994 or 1995 petitioner was forced to dispose of his             
          cars, machine tools, parts, trailers, and “a good part” of his              
          building materials.                                                         
               Petitioner had an unrestored 1967 Dodge Dart and a 1952                
          Chevy pickup truck that he sold at auction.  In 1994, he traded a           
          1979 Dodge “window van” for two electric motors, a compressor,              
          three “windows with aluminum frames”, and some machine tool                 
          equipment.  In that same year petitioner allowed an individual to           
          remove parts from three nonrunning vehicles in return for an                
          electric hammer drill before he sent the vehicles to the auto               
          wrecking yard.  Another transaction in 1994 included the sale of            
          a Chevy Chevette for $25 plus sales tax of 75 cents.                        








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