Alan L. Levitt - Page 9




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          asserted an increased deficiency, we do not address this issue.             
          Sec. 6214(a); Rule 142(a).                                                  
               B. Schedule A Deductions                                               
               Petitioner deducted legal and accounting expenses of $2,667.           
          At trial, petitioner testified that the amount relates to                   
          clothing he purchased for work at MGM.                                      
              Work clothing may be deductible under section 162 if a                  
         taxpayer can establish the following:  (1) The clothing was                  
         required or essential in the taxpayer’s employment; (2) the                  
         clothing was not suitable for general or personal wear; (3) and              
         the clothing was not so worn.  Yeomans v. Commissioner, 30 T.C.              
         757, 767-769 (1958); Kozera v. Commissioner, T.C. Memo. 1986-604.            
              Petitioner testified that MGM required petitioner to                    
         purchase black shoes.  Petitioner purchased Dr. Scholl’s shoes.              
         The record does not indicate that the shoes were not suitable for            
         general or personal wear.  Therefore, petitioner is not entitled             
         to a deduction for the cost of shoes.                                        
              Petitioner testified that he was required to purchase and               
         maintain tuxedo shirts with MGM’s logo.  Petitioner provided                 
         receipts totaling $253.08 for 13 shirts.  Petitioner has                     
         satisfied the elements under Yeomans v. Commissioner, supra;                 
         therefore, he is entitled to a deduction for the costs of the 13             
         shirts.                                                                      








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