Robert B. and Betty D. Harris - Page 30




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          expenses was that his condominium wasn’t “up to snuff” to the               
          point that he was comfortable meeting there with new clients or             
          other clients he wanted to impress.                                         
               Ms. Toya Turney (Ms. Turney) of the Nashville Electric                 
          Service (NES), who was called by respondent, testified, based on            
          the records of NES, that Ms. Push had electrical power activated            
          in her name at 403 South Timber Drive on November 23, 1992.  The            
          records of NES further reflected that, up until the trial date of           
          this case on October 26, 1999, Ms. Push’s utility account at 403            
          South Timber Drive remained active.  Finally, Ms. Turney                    
          testified that the NES electricity usage records for 403 South              
          Timber Drive indicated that someone was living at that location             
          during each of the years at issue.  This testimony contradicts              
          petitioner's testimony that he used this property only 30 to 40             
          days per year.                                                              
               On this record, the Court finds that the amounts expended by           
          petitioner, during 1994, 1995, and 1996, for the rental of a                
          condominium at 403 South Timber Drive in Nashville were not                 
          ordinary and necessary expenses incurred in the conduct of                  
          petitioner's trade or business.  Thus, the Court holds these                
          expenses are not deductible by petitioners.                                 
               For 1994, petitioners deducted other expenses of $751.35 for           
          equipment, $147.39 for miscellaneous, and $770 for dues and                 
          subscriptions.  The equipment expenses consisted of several                 






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