Karen V. Hough - Page 12

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          1.274-5T(b)(6), Temporary Income Tax Regs., 50 Fed. Reg. 46016              
          (Nov. 6, 1985).  Petitioner failed to do so.  Accordingly,                  
          respondent’s determination regarding expenses subject to section            
          274, as modified by his concessions, is sustained.                          
          10.  Computer, Fax, and Printer                                             
               At trial, petitioner tried to establish she is entitled to             
          deduct as expenses computers, faxes, and printers.  Section                 
          274(d) applies to, among other things, computer and peripheral              
          equipment; however, there is an exception for such equipment used           
          exclusively at a regular business establishment and owned or                
          leased by the person operating such establishment.  Secs.                   
          274(d)(4), 280F(d)(4)(A)(iv), (B).                                          
               Regardless of whether section 274 applies or not (some of              
          the computers and peripheral equipment were at petitioner’s                 
          nursing business office, and some were at the homes of                      
          petitioner’s contractors), the evidence does not establish when             
          the computers, faxes, and printers were purchased or how much               
          they cost.  As there is insufficient evidence to establish these            
          items were purchased during the years in issue, or if they were             
          so purchased a rational basis for making an estimate, we shall              
          not allow petitioner a deduction for these items.  See Cohan v.             
          Commissioner, supra at 543-544; Vanicek v. Commissioner, supra at           
          742-743; see also secs. 274(d), 280F(d)(4)(A)(iv), (B).                     







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