- 13 - circumstances. The standard is an objective one. Dole v. Commissioner, 43 T.C. 697, 706 (1965), affd. 351 F.2d 308 (1st Cir. 1965). The employer need not explicitly require the employee to use the property. Similarly, a mere statement by the employer that the use of the property is a condition of employment is not sufficient. Sec. 1.280F-6T(a)(2)(ii), Temporary Income Tax Regs., 49 Fed. Reg 42701, 42713 (Oct. 24, 1984). Because of her heavy caseload and the number of sales representatives she managed, it was necessary for petitioner to purchase a computer and printer. Petitioner used the computer and printer to complete various reports she was required to submit to her supervisors at Pacific Bell. Mr. Moreno testified that sales managers could access information at home via modem and that by using computers at home sales managers were able to work efficiently and keep on top of the volume of work. Mr. Moreno further testified that only third level management could enter the building after hours and that petitioner was considered second level management. Thus, petitioner was unable to use the office computer after business hours. We find, based on the facts and circumstances presented, that petitioner's purchase of the computer and printer was for the convenience of her employer and required as a condition of employment. Accordingly,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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