Barry D. and Suzanne B. Whalley - Page 26

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          convinced by petitioner's general statements and the evidence               
          submitted at trial that he actually incurred such an expense.  To           
          substantiate the purchase of the facsimile machine, petitioner              
          submitted a generic American Express receipt for $640 from Radio            
          Shack.  However, that receipt does not specify the item charged,            
          and petitioner simply wrote in "fax machine".  Thus, petitioner             
          has failed to establish that he actually purchased a facsimile              
          machine.  Accordingly, we sustain respondent's determination with           
          respect to this item.  However, with respect to the cost of the             
          facsimile stand, we allow petitioner to deduct $130, since he               
          submitted a bill for this amount which shows a description of the           
          item purchased.  Furthermore, we can reasonably infer that                  
          petitioner used the facsimile stand in his business.  Vanicek v.            
          Commissioner, 85 T.C. 731, 743 (1985).                                      
               With respect to the telephone, chairs, desk lamp, computer             
          desk, and computer stand, we note that Congress, in enacting                
          section 280A, intended to preclude expenses "otherwise considered           
          nondeductible personal, living, and family expenses * * * [from             
          being] converted into deductible business expenses" merely                  
          because they have some connection to a business activity.                   
          S. Rept. 94-938 at 147 (1976), 1976-3 C.B. (Vol. 3) 49, 185.                
          Prior to the enactment of section 280A, there was congressional             
          concern that some taxpayers were deducting personal expenditures            
          under the guise of business use of the home.  Hamacher v.                   
          Commissioner, 94 T.C. 348, 357 (1990) (citing Green v.                      




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