J.J. Zand - Page 151

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          deficiency.  The items are a Morgan desk ($592.28), Lazarus                 
          office machine ($258.76), a Morgan desk ($954.97), an IBM                   
          typewriter ($696), and telephone equipment ($1,518.40).  Each of            
          these items clearly has a useful life of more than 1 year, and,             
          consequently, for Federal income tax purposes, their cost must be           
          recovered through depreciation rather than as an expense.                   
               The deductions claimed for office furniture and equipment              
          for the years 1975 and 1976 are in the amounts of $16,873.59 and            
          $4,407.96.  There is no evidence in the record to show the items            
          for which these expenditures were incurred.  The depreciation               
          schedule attached to the notice of deficiency sets forth items of           
          furniture and equipment that respondent determined were capital             
          expenses rather than ordinary expenses, and which petitioner                
          substantiated.  Thus, because there is no evidence to show that             
          the items claimed constitute ordinary expenses, we sustain                  
          respondent's determination.                                                 
               For the year 1975 respondent disallowed a payment to Ohio              
          Bell in the amount of $7,359.75.  This payment is for a CTC                 
          telephone bill dated November 14, 1975, which consists of a one-            
          time charge in the amount of $6,626.30 and other charges for                
          services totaling $661.16.  Respondent concedes that petitioner             
          is entitled to deduct the other charges in the amount of $661.16.           
          However, petitioner has failed to verify the type of equipment or           







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