Fabian Vaksman - Page 9




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          B.  Cellular Telephone Expense                                              
               Petitioner claims that he paid $715 for cellular telephone             
          service.  At trial, petitioner admitted that there was “some”               
          personal use of his cellular telephone; he insisted, however,               
          that such use was minimal and that his cellular telephone was               
          used principally in order to insure the safety and security of              
          his clients.9                                                               
               The record does not include any documentary evidence showing           
          that petitioner paid any particular amount of money to any                  
          particular telephone company for cellular telephone service.                
               A cellular telephone is classified as listed property under            
          section 280F(d)(4)(A)(v).  See Tarakci v. Commissioner, T.C.                
          Memo. 2000-358; Nitschke v. Commissioner, T.C. Memo. 2000-230.              
          Accordingly, no deduction is allowable with respect to a cellular           
          telephone on the basis of any approximation or the unsupported              
          testimony of the taxpayer.  See sec. 274(d)(4); see also Taracki            
          v. Commissioner, supra; Nitschke v. Commissioner, supra.                    

               8(...continued)                                                        
          deficiency, nor did respondent ever assert any claim for an                 
          increased deficiency or otherwise raise the issue.  See sec.                
          6214(a).  Accordingly, we do not address this matter.                       
               9  Petitioner testified as follows:                                    
               If I’m carrying a passenger who does not speak a word                  
               of English, * * * and he has a heart attack or                         
               something happen on the road or whatever, or he needs                  
               to talk to somebody on emergency basis, the cell phone                 
               is critical business expense to ensure * * *                           
               businessman safety.                                                    





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