Marcus Wayne and Judity Caroline Ramsey - Page 20

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               With regard to the cellular telephone, petitioners failed to           
          provide evidence that the phone was used solely for business                
          purposes, and they were unable to estimate the percentage of                
          business use.                                                               
               Petitioners are not entitled to any of their claimed $2,581            
          telephone expense deduction.                                                
                    c.  Home Insurance and Operating Costs                            
               Petitioners deducted 9.53 percent (amounting to $509) of the           
          cost of insuring both their residences, as well as $1,415.67 for            
          home office operating costs (9.53 percent x $14,854.86).  The home          
          office operating costs consist of the following:  Petitioners’              
          gardener, petitioners’ housekeeper, storage for their recreational          
          vehicle at the local golf range, membership fees for a recreational         
          vehicle club, home appliance and fixture repairs, plumbing repairs,         
          lawn mower repairs, utilities, garbage, and water expenses, cable           
          television expenses, homeowners’ association fees, charges for the          
          installation of a security system as well as the monthly charges            
          associated therewith, playground equipment for their backyard, and          
          miscellaneous home maintenance costs.                                       
               None of these expenses was shown to be deductible by                   
          petitioners under section 280A or any other provision of the Code;          
          rather, these costs appear to be personal in nature.  Consequently,         
          petitioners are not entitled to deduct these expenses.                      


               9    Their deduction was mistakenly based on a calculation             
          of 382 days, rather than 365 days.                                          



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