- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011