Harout and Manik Gapikia - Page 7




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          Commissioner, 30 T.C. 757, 767-769 (1958); Udoh v. Commissioner,            
          T.C. Memo. 1999-174; Beckey v. Commissioner, T.C. Memo. 1994-514.           
          Petitioner’s testimony indicates that the articles of clothing              
          claimed as expenses were adaptable to general use.  Therefore,              
          petitioner’s clothing expenses are personal expenses and are not            
          deductible.                                                                 
               Petitioner testified that he was entitled to larger                    
          deductions for vehicle expenses related to business mileage than            
          allowed by respondent.  Petitioners, however, presented no                  
          evidence other than a summary of the expenses claimed on their              
          Schedules A and C.  Under section 274(d), the elements that must            
          be substantiated to deduct business use of an automobile are:               
          (1) The amount of the expenditure; (2) the mileage for each                 
          business use of the automobile and the total mileage for all use            
          of the automobile during the taxable period; (3) the date of the            
          business use; and (4) the business purpose of the use of the                
          automobile.  See sec. 1.274-5T(b)(6), Temporary Income Tax Regs.,           
          50 Fed. Reg. 46014 (Nov. 6, 1985).  Petitioners failed to                   
          substantiate any of these elements at trial.                                
               Although petitioners did not claim deductions for child care           
          on their 1996 return or assert their entitlement to such                    
          deductions in their petition, petitioner raised this issue at               
          trial.  Generally, we do not consider issues raised for the first           
          time at trial.  See Vetco Inc. v. Commissioner, 95 T.C. 579, 589            






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