Dan Pistoresi and Elaine M. Pistoresi - Page 3




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          carried on a Schedule C business called "Adaptable Business                 
          Concepts" during 1992.                                                      
               Petitioners claimed a Schedule C deduction for utility                 
          expenses in the total amount of $2,921.  In the statutory notice            
          of deficiency, respondent disallowed the claimed deduction.  A              
          self-prepared statement attached to petitioners' return reveals             
          that the total amount claimed and disallowed for utility expenses           
          includes $1,025.30 for "TELEPHONE" and $1,253.70 for "FAX".                 
               Petitioners had two telephone lines at their personal                  
          residence.  The first telephone line was used primarily for                 
          personal purposes.3  Petitioner husband alleges that the second             
          telephone line (line 2) was used only for business purposes.                
          According to petitioner husband, line 2 was used to make both               
          telephone calls and facsimile transmissions in connection with              
          various projects which he worked on during 1992.                            
               Although we believe that petitioner husband used line 2 for            
          business purposes during 1992, we are not convinced that it was             
          used exclusively for business purposes.  After considering                  
          petitioner husband's testimony and reviewing his telephone                  
          records, we estimate that $250 of the charges for 1992 were                 
          business related.  See Cohan v. Commissioner, 39 F.2d 540, 543-             
          544 (2d Cir. 1930).  Petitioners have presented no evidence with            
          respect to their other claimed utility expenses.  Accordingly, we           


          3         The cost of basic service on the first telephone line             
          is rendered nondeductible by sec. 262(b).                                   



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