Pennel Phlander Irwin - Page 11

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            been a proximate, rather than remote or incidental, relationship                              
            between the claimed expense and petitioner's business.  Id.                                   
                 We have also recognized that some expenditures are so                                   
            "inherently personal" that they are never deductible, regardless                              
            of the relative importance of the expenditures in connection with                             
            the taxpayer's trade or business.  Fred W. Amend Co. v.                                       
            Commissioner, 55 T.C. 320, 325-326 (1970), affd. 454 F.2d 399                                 
            (7th Cir. 1971).  As we noted in Bakewell v. Commissioner, 23                                 
            T.C. 803, 805 (1955), where we held that the taxpayer could not                               
            deduct the cost of a hearing aid:                                                             
                  We believe that a hearing aid is so personal as to                                      
                  come within the meaning of section 24(a)(1).  Even if                                   
                  it is used in petitioner's business, * * * the device                                   
                  is so personal as to preclude it from being a business                                  
                  expense.  A businessman's suit, a saleslady's dress,                                    
                  the accountant's glasses are necessary for their                                        
                  businesses but the necessity does not overcome the                                      
                  personal nature of these items and make them a                                          
                  deductible expense. * * *                                                               
            In this case, petitioner suggests that his status as a writer of                              
            fiction can convert otherwise personal expenses into deductible                               
            business expenses, simply because the expenditure is related to                               
            something petitioner may wish to write about.  We shall address                               
            separately each category of claimed expenses.                                                 
                        (A)  Home Office Deductions                                                       
                  Petitioner describes his entire five-room modular home as a                             
            "business location", and claims deductions for all expenses                                   
            relating to rent, utilities, maintenance, furnishings, and                                    






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Last modified: May 25, 2011