Kenneth Andrew Baratelle - Page 6




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               Advertising Expenses                                                   
               Petitioner claimed a deduction of $1,340 for advertising               
          expenses on his 1994 Schedule C.  At trial, petitioner contended            
          that he was entitled to a larger deduction than that claimed on             
          his Schedule C and presented a document entitled “Summary of 1994           
          Mktg. Expenses” showing total advertising expenses of $1,586.94.            
               Among the items listed on the summary were four purchases of           
          personal clothing, totaling $563.71.  The cost of personal                  
          clothing is not deductible, and petitioner so conceded at trial.            
          See sec. 262; Donnelly v. Commissioner, 28 T.C. 1278, 1280                  
          (1957), affd. 262 F.2d 411 (2d Cir. 1959).                                  
               Also included on petitioner’s summary of his advertising               
          expenses were the following items, which were paid by check:                
                    Date          Payee                     Amount                    
               03/01/94       CFLL                          $50.00                    
               03/18/94       CFLL                          14.00                     
               04/10/94       Jewish Federation             50.00                     
               05/09/94       Or Co Register                32.09                     
               06/08/94       Jewish Federation             75.00                     
               08/18/94       TCB Printers                  75.96                     
               08/18/94       TCB Printers                  40.00                     
               08/22/94       Cypress High                  60.00                     
               08/22/94       City of Cypress               50.00                     
               08/22/94       Franklin Photo                20.00                     
               09/23/94       Landell                       57.25                     
               10/05/94       Playthings                    24.00                     
               10/05/94       CSULB                         50.00                     
               10/05/94       City of Cypress               65.00                     
               11/05/94       Or Co Register                29.93                     
               11/05/94       City of Cypress               15.00                     
               11/05/94       City of Cypress               25.00                     
               11/05/94       City of Cypress               40.00                     
                    Total                              $773.23                        






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