Alan L. Levitt - Page 20




                                       - 19 -                                         
                   13.  Utilities                                                     
              Petitioner deducted $5,206 for utilities.  At trial,                    
         petitioner testified that the expense relates to power and                   
         telephone expenses.  Some of the telephone expenses relate to                
         petitioner’s use of a cellular phone.  A cellular phone is a                 
         listed property, and expenses related to a cellular phone are                
         subject to the strict substantiation requirements of section                 
         274(d).                                                                      
              Petitioner did not provide any evidence to establish that               
         the utility expenses related to either BHTC or BHSMM.  As to the             
         cellular phone expenses, petitioner failed to meet the                       
         requirements of section 274(d).  Therefore, we sustain                       
         respondent’s determination.                                                  
                   14.  Wages                                                         
              Petitioner deducted $250 for wages.  Petitioner testified               
         that he paid his former wife for typing services.  However,                  
         petitioner did not provide documents or other evidence to                    
         corroborate his testimony.  Petitioner failed to provide the                 
         Court with evidence sufficient to establish a rational basis upon            
         which an estimate can be made.  We sustain respondent’s                      
         determination.                                                               
                   15.  Other Expenses                                                
              Petitioner deducted other expenses of $137 for newspapers               
         and professional magazines and $288 for bank service charges.                






Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011