Kenneth Miles and Michon Snow Tesar - Page 3

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          After concessions,2 the issues for decision are:  (1) Whether               
          petitioners are entitled to deduct amounts paid by Kenneth Miles            
          Tesar (petitioner) for the purchase of comic books used in an               
          extracurricular activity at the school in which he taught;                  
          (2) whether petitioners are entitled to a deduction with respect            
          to Michon Snow Tesar's (Mrs. Tesar) home office; (3) whether                
          petitioners are entitled to a Schedule C deduction for                      
          Mrs. Tesar's automobile usage; and (4) whether petitioners are              
          liable for an accuracy-related penalty under section 6662(a) for            


          2    For the taxable year 1991, respondent concedes that                    
          petitioners are entitled to an exemption deduction for                      
          petitioner's brother, Frank Tesar, and that petitioners are                 
          entitled to a child-care credit in the amount of $960.                      
               For the taxable year 1992, respondent concedes that                    
          petitioners are entitled to a Schedule C deduction in the amount            
          of $110 for insurance expense.  Respondent further concedes that            
          petitioners are entitled to a deduction for charitable gifts in             
          the amount of $12,032.59.  Respondent also concedes that                    
          petitioners may deduct petitioner's unreimbursed employee                   
          expenses in the amounts of $425 for dues and $1,155 for                     
          automobile expense, subject to the limitation on miscellaneous              
          deductions.  Further, respondent concedes that petitioners are              
          entitled to a child-care credit in the amount of $960.                      
               For the taxable year 1993, respondent concedes that                    
          petitioners are entitled to a deduction for charitable gifts in             
          the amount of $12,916.98.  In addition, respondent concedes that            
          petitioners may deduct petitioner's unreimbursed employee                   
          expenses in the amounts of $397 in dues and $1,120 in automobile            
          expenses, subject to the limitation on miscellaneous deductions.            
          Respondent also concedes that petitioners are entitled to a                 
          child-care credit of $350.45.                                               
               For the taxable year 1992, petitioners concede that they are           
          not entitled to a deduction in the amount of $7,316 for points              
          incurred in refinancing their home mortgage in October 1992.                
          Petitioners are entitled to deductions in 1992 and 1993 with                
          respect to the amortization of the points over the 30-year term             
          of the mortgage.                                                            




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