Zinovy Brodsky - Page 41




                                       - 128 -                                         
          expenses for his home telephone line that was supposed to be used            
          for business purposes.  With respect to petitioner’s cellular                
          telephone lines, petitioner claims that he is entitled to deduct             
          for 1991 and 1992 telephone expenses of $729.28 and $903.92 that             
          he paid during those respective years, which he contends are the             
          amounts of telephone expenses for his cellular telephone line                
          that was supposed to be used for business purposes.                          
               With respect to the home telephone expenses at issue for                
          1991 and 1992, the only dispute between the parties with respect             
          to the deductibility of those expenses is whether petitioner, who            
          we have found paid those expenses during those years, has estab-             
          lished that those expenses are ordinary and necessary expenses               
          paid in carrying on his Schedule C business.  Petitioner contends            
          that they are.  In support of that contention, petitioner relies             
          on his self-serving testimony, on which we are not required to,              
          and we shall not, rely.  On the instant record, we find that                 
          petitioner has failed to carry his burden of showing that the                
          telephone expenses of $1,393.24 and $1,059.27 that he paid during            
          1991 and 1992, respectively, for his home telephone lines repre-             
          sented expenses paid solely for his home telephone line that was             
          supposed to be used for business purposes.  Even if petitioner               
          had made such a showing, on the instant record, we find that                 
          petitioner has failed to carry his burden of showing that he used            
          his home telephone line that was supposed to be used for business            
          purposes solely in carrying on his Schedule C business, and not              
          for personal purposes.  On the record before us, we find that                






Page:  Previous  118  119  120  121  122  123  124  125  126  127  128  129  130  131  132  133  134  135  136  137  Next

Last modified: May 25, 2011