- 20 - counseling ministry. Accordingly, we sustain respondent's determination with respect to the deductions for utilities and depreciation for the taxable years 1988, 1989, and 1990. Telephone Expenses for 1988 and 1990 For the taxable year 1988 petitioners deducted "telephone and utility" expenses in the amount of $6,117. Respondent disallowed $2,141 of the deduction. For the taxable year 1990 petitioners deducted telephone expenses in the amount of $3,325. Respondent disallowed $898 of this amount. The telephone expenses deducted by petitioner for the taxable years 1988 and 1990 included expenses for the office phone in the downtown office, the Yellow Pages advertising, the charges for call forwarding from the business location to the personal residence, and business related, long distance calls made from petitioners' home. Respondent disallowed the portion of the telephone expenses attributable to petitioners' home office. Respondent, on brief, contends that petitioners failed to substantiate the telephone expenses, and further, that even if they did so, the expenses are not allowable pursuant to section 280A(a) and Commissioner v. Soliman, supra. We are persuaded that petitioner incurred some telephone expenses at home in the course of conducting his trade or business as a counselor. Additionally, respondent's reliance on section 280A(a) is misplaced. The deductibility of telephone expenses is guided byPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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