Guido Lemos and Adabelle Herrera-Lemos - Page 9




                                        - 8 -                                         
                    State exam               $185                                     
                    School course            250                                      
                    Cellular phone &                                                  
                    beeper                   1,200                                    
                    Clothes & cleaning       1,440                                    
                    Shoes                    150                                      
                    Insurance                20                                       
                    Supra key pad &                                                   
                    lock box                 120                                      
                    Electronic organizer     300                                      
                    Miscellaneous            100                                      
               In the notice of deficiency, respondent disallowed $3,058 of           
          the total amount, allowing petitioners a $707 deduction for the             
          above expenses.  Respondent did not identify which of the above             
          items were allowed, and, based on the record, we were not able to           
          ascertain the combination of the above items that totals $707.              
               Nevertheless, ignoring the mathematics and keeping in mind             
          that petitioners failed to substantiate any of the expenses, we             
          note the following with regard to some of the larger expense                
          items listed above.  The expenses for clothes, cleaning, and                
          shoes would not be deductible even if paid and substantiated.               
          Petitioner’s testimony establishes that the clothing to which the           
          expenses relate is suitable for general usage.  Consequently, the           
          expenses are personal in nature and may not be deducted.  Sec.              
          262(a); Hynes v. Commissioner, 74 T.C. 1266, 1290 (1980); Foster            
          v. Commissioner, T.C. Memo. 1990-427.  We think it highly                   
          unlikely that any of the $707 allowed by respondent is                      
          attributable to a portion of the deductions for clothes,                    
          cleaning, and shoes.                                                        





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