Thomas J. Spielbauer - Page 5

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          Development Fund, deputy public defenders had to submit requests            
          for reimbursement, via an office form, to Mr. Grant Armstrong.              
               On the return, petitioner deducted “other” business                    
          expenses.  Some, but not all, of the other expenses petitioner              
          deducted were for items such as computer expenses, research                 
          materials, candy and flowers for secretaries and clerks,                    
          petitioner's home and rented office telephone bills, office                 
          stationery, video rental, cable television, magazine and                    
          newspaper subscriptions, parking and parking citations, various             
          club dues and expenses, T-shirts, and photographs.  Petitioner              
          asserted that it was necessary for him to keep abreast of the               
          local news for his job as a deputy public defender.  Petitioner,            
          however, conceded that both cable television and the local                  
          newspaper have personal elements of pleasure to them.                       
               The public defender's office provided office supplies, such            
          as pens, paper, legal pads, etc., for its deputy public                     
          defenders.  The public defender's office maintained a law library           
          for its deputy public defenders.  Furthermore, the public                   
          defender's office had a research assistant, Barbara Fargo,                  
          available to its attorneys.  Additionally, there is a county law            
          library near petitioner's office.                                           
               During 1992, petitioner purchased computerized research                
          materials and deducted their cost on the return.  The county                
          allocates a portion of the Professional Development Fund to                 





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