- 29 - the payments. Respondent does challenge the nature of the telephone calls. Petitioner presented regular telephone records from April, May, and June of 1993, bearing notations of the calls which were business in nature. Petitioner presented cellular phone records from July to December of 1993 indicating the time, amount, and place of the calls. Cellular phones are classified as “listed property” under section 280F(d)(4)(A)(v), and such expenses must be substantiated by adequate records or sufficient evidence which corroborate the taxpayer's own testimony, including: (1) The amount of the expenditure or use based on the appropriate measure; (2) the time and place of the expenditure or use; and (3) the business purpose of the expenditure or use. See sec. 274(d). Petitioner testified that the business purpose of the calls related to legal matters and the affairs of Cilena, as well as the dissolution of Aeternum. We hold that petitioner has established entitlement to a deduction for the regular telephone and cellular phone expenses incurred. G. Security Petitioner claimed a deduction of $2,394 for security antitheft services related to the protection of the rental equipment. Private security payments to protect property which is subject to potential loss or destruction arising from the operation of a business are deductible expenses under section 162(a). See Munson v. Commissioner, 18 B.T.A. 232, 236-237Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011