Scott C. and Patricia A. Simpson - Page 8

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          sufficient nexus between their day-care service and these                   
          supplies.                                                                   
               Petitioners also deducted the cost of several home                     
          improvements, including landscaping, a deck, and a fence around             
          their pool.  Petitioners have failed, however, to establish that            
          these expenditures were ordinary and necessary for their                    
          businesses.  Even if petitioners could establish that these                 
          expenditures were ordinary and necessary, they are not currently            
          deductible.  Instead, the expenditures, pursuant to section                 
          263(a), would have to be capitalized.                                       
               Petitioners also deducted expenses relating to cable                   
          television, gas, electricity, telephone service, garbage removal,           
          and water.  The deduction for telephone service is expressly                
          prohibited by section 262(b).  The remaining utility expenses are           
          deductible, subject to the limitations of section 280A(c)(4).               
          Section 280A(a) generally prohibits deductions attributable to a            
          dwelling unit that is used as a residence.  Section 280A(c)(4)              
          provides an exception for the trade or business of providing day-           
          care services.  The exception is limited, however, by a special             
          allocation formula.  See sec. 280A(c)(4)(C).  Petitioners have              
          failed to provide sufficient evidence to make the allocation                
          required by section 280A(c)(4).  Therefore, the remaining utility           
          expenses are not deductible.                                                
               In essence, petitioners have failed to establish that any of           
          the disallowed expenditures were ordinary and necessary for their           




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