Roy W. and Sharon P. Oswandel - Page 9




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               As to the Schedule A deductions in issue, petitioners assert           
          that they had the requisite substantiation to support their claim           
          to those deductions, but their tax records were stolen from their           
          storage facility.  Petitioners have failed to submit credible               
          evidence to establish either part of that assertion.  In fact,              
          the report of the law enforcement agency investigating the                  
          burglary of the location of their storage unit indicates that               
          petitioners’ storage unit was not among those burglarized.                  
               Petitioner’s handwritten breakdown of estimated mileage                
          driven in connection with his part-time jobs and his job                    
          searching is inadequate to substantiate his mileage deduction.              
          The documents petitioners submitted to substantiate their claim             
          to the personal property taxes deduction are also insufficient in           
          that not one of the documents lists 2000 or 2001 as the years in            
          which personal property tax was paid.  Nor does the student loan            
          payment statement substantiate any claim for a student loan                 
          interest deduction for 2000 or 2001 as it provides a payment                
          history only for 2002 to 2005.  Petitioners presented no evidence           
          at trial, documentary or otherwise, to substantiate expenses                
          related to tuition or books or noncash charitable contributions.            
          We sustain respondent’s determination that petitioners are not              
          entitled to deduct any of the disallowed Schedule A deductions.5            

               5 While petitioners do not argue application of the rule               
          articulated in Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930),           
                                                             (continued...)           






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