Hubert and Flora M. Swaringer - Page 10




                                        - 9 -                                         
          petitioners have not satisfied this requirement.  We sustain                
          respondent’s determinations.                                                
               3.  Utilities.--Petitioners claimed a deduction of $2,034              
          for utilities which respondent disallowed in full.  As we                   
          understand, the deduction claimed was for telephone expenses                
          incurred on petitioners’ home telephone.  Petitioners have no               
          records substantiating these expenditures as expenses incurred in           
          petitioner’s trade or business.  They apparently did not keep the           
          monthly telephone statements.  Petitioners could have, but did              
          not, obtain copies of statements from the telephone company.  In            
          addition, the cost of basic local telephone service with respect            
          to the first telephone line is a personal expense and is not                
          deductible.  See sec. 262(b).  We sustain respondent’s                      
          disallowance of the deduction.                                              
               4.  Robes and Dry Cleaning.--Petitioners claimed deductions            
          of $4,900 for robes and dry cleaning.  Respondent allowed $1,000            
          for these items.  Petitioner claims that, because of the nature             
          of his employment, he was required to wear business suits that he           
          would not otherwise have worn.  But, even if this were correct,             
          the cost of clothing is only deductible if the clothing is of a             
          type specifically required as a condition of employment and is              
          not adaptable as ordinary clothing.  This rule also applies to              
          the maintenance of such clothing.  See Pevsner v. Commissioner,             
          628 F.2d 467 (5th Cir. 1980); Kalms v. Commissioner, T.C. Memo.             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011