Thomas J. Spielbauer - Page 11

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               Respondent determined that petitioner was not entitled to              
          deductions for expenses related to interns petitioner had hired             
          to help him with various legal projects.  Petitioner has shown              
          that by hiring these interns he was able to be a better public              
          defender than if he had not hired them.  Petitioner has not,                
          however, shown that he was required by the public defender's                
          office to hire these interns or that the expense of hiring them             
          was otherwise ordinary and necessary to his employment.4                    
               Respondent also determined that petitioner was not entitled            
          to various other expenses such as automobile expenses,5 meals and           
          entertainment,6 travel,7 and other business expenses.8  Petitioner          
          has failed to establish that these expenses were ordinary and               
          necessary expenses for his trade or business as an employee with            
          the public defender's office.                                               

               4  On cross-examination, petitioner stated “They [the public           
          defender's office] didn't require me to contact these students.             
          * * *  They didn't require me to set up the research project.”              
               5  Petitioner deducted automobile expenses which included              
          gasoline, DMV renewal, registration fees, repairs, and tires.               
               6  Petitioner deducted meals and entertainment expenses                
          which included meals with co-workers to discuss case strategy.              
          Mr. Armstrong testified that such expenses would not have been              
          reimbursable.                                                               
               7  Petitioner's travel expenses included luggage which                 
          petitioner admitted had elements of personal use.                           
               8  Petitioner deducted, among other items, expenses for                
          candy, flowers, cable television, computer supplies, books,                 
          plaques, an answering machine, telephone bills, and a magazine              
          rack.                                                                       




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