Diane and Frank Burkley - Page 10




                                        - 9 -                                          
          property (Property A) and $40,416 in Schedule E expenses for the             
          South Vernon Avenue property (Property B).  Respondent disallowed            
          in the notice of deficiency all of the claimed expenses                      
          pertaining to Property B and pleaded in the answer that                      
          petitioners were not entitled to any of the claimed expenses with            
          respect to Property A.  We sustain respondent’s determination                
          with respect to Property B and hold that respondent has met the              
          burden of proof with respect to Property A, on the basis of the              
          facts hereinafter discussed.                                                 
               Section 6001 provides, in pertinent part, as follows:                   
               SEC. 6001.  NOTICE OR REGULATIONS REQUIRING RECORDS,                    
                           STATEMENTS, AND SPECIAL RETURNS.                            
                    Every person liable for any tax imposed by this                    
               title [title 26, Internal Revenue Code of 1986], or                     
               for the collection thereof, shall keep such records,                    
               render such statements, make such returns, and comply                   
               with such rules and regulations as the Secretary may                    
               from time to time prescribe.  * * *                                     
               Petitioners provided no receipts to substantiate any of the             
          expenses claimed for either Property A or B.  For example, Mrs.              
          Burkley admits that they did not spend $350 to advertise either              
          Property A or B for rent and that, in the case of Property A, no             
          advertising of any kind was necessary since their daughter took              
          possession of that property immediately after they moved to                  
          Property B.  Mrs. Burkley acknowledged that $700 claimed for auto            
          and travel expenses was arbitrarily arrived at.  Mrs. Burkley                
          testified that the $2,000 claimed for cleaning expenses for                  







Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: March 27, 2008