Robert Cotton, Jr. - Page 13




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               Mr. Cotton claimed a deduction of $225 in 1996 for tax                 
          preparation fees.6  At trial, Mr. Cotton provided credible                  
          testimony that he incurred expenses for the preparation of his              
          tax return in the amount of $225.  Accordingly, we conclude that            
          Mr. Cotton is entitled to a deduction of $225.                              
          6.   Work Clothing                                                          
               Work clothing may be deductible under section 162 if a                 
          taxpayer can establish the following:  (1) The clothing was                 
          required or essential in the taxpayer’s employment; (2) the                 
          clothing was not suitable for general or personal wear; (3) and             
          the clothing is not so worn.  See Yeomans v. Commissioner, 30               
          T.C. 757, 767-769 (1958); Kozera v. Commissioner, T.C. Memo.                
          1986-604.  Mr. Cotton deducted unreimbursed employee business               
          expenses in the amount of $5,700, $7,000, and $4,205 in 1994,               
          1995, and 1996, respectively.  Mr. Cotton testified that he spent           
          $800 to $900 per year for uniforms, safety shoes, and safety                
          glasses.  He did not have any other business expenses related to            
          his employment with the U.S. Department of the Navy.  We have               
          held that expenses for this type of clothing and protection are             
          deductible.  See Kozera v. Commissioner, supra; Jeffers v.                  
          Commissioner, T.C. Memo. 1986-285; Boback v. Commissioner, T.C.             


               6    Mr. Cotton is not entitled to a deduction for 1994 and            
          1995.  After concessions and our holding, Mr. Cotton’s itemized             
          deductions for 1994 and 1995 do not exceed the standard                     
          deduction.  See sec. 63(c).                                                 





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