Albert William Dehr, III and Yoeng Yoep Dehr - Page 6

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          residence "shall be treated as a personal expense."  Sec. 262(b).           
          Since petitioners had only one telephone line provided to their             
          home in 1994, they may not claim as a business expense their                
          basic monthly charge.  The amount claimed by petitioners,                   
          however, suggests the charges claimed as expenses for the                   
          telephone were beyond the basic monthly charge.  Petitioners must           
          show that they incurred any such expenses primarily for business            
          rather than social reasons.  Rule 142(a); Walliser v.                       
          Commissioner, 72 T.C. 433, 437 (1979).                                      
               To the extent that there was an amount for telephone calls             
          beyond the basic monthly charge, petitioners have not proven that           
          the charges were attributable to the business, and therefore they           
          may not claim them as expenses.  See Irwin v. Commissioner, T.C.            
          Memo. 1996-490, affd. without published opinion 131 F.3d 146 (9th           
          Cir. 1997).                                                                 
          Car and Truck Expenses                                                      
               Commuting Expenses                                                     
               Respondent argues that petitioners are not entitled to claim           
          car and truck expenses for their Ford truck or their Lincoln                
          automobile because petitioner's transportation costs incurred               
          traveling between his home in Yuba City and Ro-Tile in Lodi are             
          commuting expenses.  Even if they are not commuting expenses,               
          respondent disputes that petitioners have properly substantiated            
          them as business expenses.                                                  





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