John Robert Maguire - Page 11

                                       - 11 -                                         
          Utilities, Cellular Phone Service, and Cable Service                        
               Respondent has conceded some of the utility expenses but               
          argues that other utility expenses deducted by petitioner do not            
          relate to the Harwichport property.  We conclude that the                   
          payments to NE Tel, HarWater, Commonwealth Electric, and Hall Oil           
          relate to petitioner's income-producing activity and are either             
          capital expenditures or currently deductible as discussed below.            
               Respondent disallowed deductions for petitioner's cellular             
          phone and related service fees and charges.  Petitioner merely              
          testified that he had the cellular phone installed in the                   
          Lincoln.  Petitioner deducted the cost of cable television                  
          service at the Harwichport property, and respondent disallowed              
          that deduction.  We find that the cellular phone and cable                  
          television service were personal expenses and sustain                       
          respondent's disallowance of these items.                                   
          Advertisements, Clock Repair, and Truck Rental                              
               Petitioner deducted $262 for newspaper advertisements, and             
          respondent disallowed $114 of that deduction.  The $114 in                  
          dispute relates to advertisements allegedly placed prior to                 
          October 28, 1990.  Petitioner produced none of the alleged                  
          newspaper advertisements placed prior to October 28, 1990.                  
          Petitioner testified that he advertised nothing but the                     
          Harwichport property in newspapers during 1990, but respondent              
          produced an advertisement wherein petitioner had offered his                
          automobile for sale in the New York Times on October 28, 1990.              




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011