Wayne and June Ellen Hairston - Page 20

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          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 by            




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