Kenneth Miles and Michon Snow Tesar - Page 10

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          petitioners' argument.  Each tax year is to be considered                   
          separately.  United States v. Skelly Oil Co., 394 U.S. 678, 684             
          (1969).  Respondent is not estopped from asserting a different              
          position in the years in issue even if she accepted petitioners'            
          treatment of certain items in prior years' returns.  Rose v.                
          Commissioner, 55 T.C. 28, 32 (1970); see Knights of Columbus                
          Council No. 3660 v. United States, 783 F.2d 69, 73 (7th Cir.                
          1986).                                                                      
               Petitioners did not file a posttrial brief.  In their trial            
          memorandum, petitioners argue that the costs of the comic books             
          are deductible because the comic books were necessary for                   
          petitioner to maintain his skills as an effective sponsor of the            
          comic book club.  At trial, petitioners also argued that                    
          petitioner purchased comic books during the years in issue as a             
          necessary part of the after school activity that petitioner                 
          sponsored to satisfy a requirement of his teaching position.                
          Petitioners argue that such costs are deductible as employee                
          business expense.                                                           
               Respondent contends that the costs incurred by petitioner              
          for the purchase of comic books were not ordinary because the               
          amount was in excess of what teachers generally expend for these            
          types of activities.  Respondent also argues that the amounts               
          were not necessary expenses of petitioner's trade or business as            
          a teacher because respondent contends petitioner was not required           





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