Guido Lemos and Adabelle Herrera-Lemos - Page 3




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               Respondent determined a deficiency of $1,653 in petitioners’           
          1996 Federal income tax.  The issues for decision are: (1)                  
          Whether petitioners are entitled to certain employee business               
          expense deductions claimed on a Schedule A, Itemized Deductions;            
          and (2) whether petitioners are entitled to certain business                
          expense deductions claimed on a Schedule C, Profit or Loss From             
          Business.                                                                   
          Background                                                                  
               Some of the facts have been stipulated and are so found.               
          Petitioners are husband and wife.  At the time that the petition            
          was filed, they resided in Hollywood, Florida.  References to               
          petitioner are to Adabelle Herrera-Lemos.                                   
               Petitioner was self-employed as a real estate agent from May           
          through December during the year in issue.  She was associated              
          with Sato Realty, Inc., a real estate broker, and compensated               
          exclusively on a sales commission basis.  On September 18, 1996,            
          petitioner leased a 1996 Honda Accord.  The monthly lease payment           
          was $255.13, payable on the 20th day of each month.  Petitioner             
          used this car in connection with her employment as a real estate            
          agent.                                                                      
               Guido Lemos was employed full-time as a supervisor for the             
          service support department at Cintas Corporation (Cintas); he               
          also worked part-time for Enterprise Leasing Company preparing              
          rental cars for customers.                                                  






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