Thomas C. Pride, Sr. - Page 7

                                        - 6 -                                         
          and other general “business attire” which petitioner typically              
          wore only to work.                                                          
               The clothing expenses incurred by petitioner were for                  
          clothes of a type which can be worn outside of work.  A deduction           
          may not be claimed for such expenses because they are                       
          nondeductible personal expenses rather than business expenses,              
          even if the clothing was in fact used exclusively for work.  Sec.           
          262(a); Barone v. Commissioner, 85 T.C. 462, 469 (1985) (“The               
          general rule concerning the deductibility of work clothes under             
          section 162(a) is that they must be of a type specifically                  
          required as a condition of employment and not adaptable to                  
          general usage as ordinary clothing.”), affd. without published              
          opinion 807 F.2d 177 (9th Cir. 1986).  Petitioner has failed to             
          substantiate the bulk of the employee business expenses for which           
          he claimed a deduction.  Although petitioner provided an estimate           
          for two of the remaining items, these items total only $220 to              
          $240 and do not meet the 2-percent floor imposed by section                 
          67(a).  We therefore sustain respondent’s disallowance of the               
          employee business expense deduction.  Secs. 67(a), 6001; sec.               
          1.6001-1(a), (e), Income Tax Regs.                                          
               The second issue for decision is whether petitioner received           
          unreported interest income.  Respondent determined that                     
          petitioner received interest income of $13 from the Internal                
          Revenue Service during 1999.  Petitioner argues that he never               






Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011