Harout and Manik Gapikia - Page 6




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               Certain business deductions described in section 274,                  
          however, are subject to strict substantiation.  No deduction is             
          allowed with respect to:  (1) Any traveling expense (including              
          meals and lodging while away from home); (2) any item with                  
          respect to an activity which is of a type generally considered to           
          constitute entertainment, amusement, or recreation; (3) any                 
          expense for gifts; or (4) the use of any “listed property”, as              
          defined in section 280F(d)(4), unless certain elements are                  
          substantiated.  See sec. 274(d).  Passenger automobiles are                 
          listed property under section 280F(d)(4)(A)(i).                             
               Petitioners presented no records at trial to substantiate              
          any of the expenses at issue.  Furthermore, they provided little            
          testimony from which we could determine their entitlement to                
          deductions for the expenses.                                                
               Petitioner testified that he took three sales-training                 
          courses in 1996 at his own expense; however, he did not provide             
          any information as to the amount of his expense.  With regard to            
          the expenses petitioner claimed for uniforms and cleaning,                  
          petitioner testified that the expenses were for business suits he           
          was required to wear to his job.  The expense of uniforms is                
          deductible under section 162(a) only if:  (1) The uniforms are of           
          a type specifically required as a condition of employment; (2)              
          the uniforms are not adaptable to general usage as ordinary                 
          clothing; and (3) the uniforms are not so worn.  See Yeomans v.             






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