Guido Lemos and Adabelle Herrera-Lemos - Page 10




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               The deduction for cell phone and beeper expenses is subject            
          to the same strict substantiation requirements as the car                   
          expenses, as discussed above.  Secs. 274(d), 280F.  Petitioners’            
          failure to substantiate the expense by original or reasonably               
          reconstructed records is grounds for disallowing the deduction.             
          Again, we think it highly unlikely that respondent allowed any              
          portion of the deduction for cell phone and beeper expenses.                
               The remaining items included in the deduction for “Other               
          expenses” total slightly more than the $707 allowed by                      
          respondent.  That being the case, it appears that respondent has            
          already allowed, in the absence of substantiating records, the              
          majority of these items.  We find no basis in the record for                
          increasing that amount.                                                     
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              


                                                  Decision will be entered            
                                             under Rule 155.                          















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