William Herbert Whitehurst, III and Carla Cherlene Whitehurst - Page 31




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               Petitioners have established that Mrs. Whitehurst purchased            
          and used the computer and computer-related equipment in her trade           
          or business and have satisfied the requirements of section 274.             
          We conclude that petitioners are entitled to a depreciation                 
          deduction for the fax machine, the computer, and the software               
          diskettes, purchased in 1998 for $931.99.  We also conclude that            
          petitioners are entitled to a deduction for computer services of            
          $85 for 1999 and a depreciation deduction for the printer cable             
          purchased in 1999 for $31.49.                                               
               Mr. Whitehurst did not provide any testimony or written                
          evidence as to the amount spent on supplies purchased and used in           
          the course of his employment.  It is not clear that the expenses,           
          if any, were unreimbursed by his employer or that they were                 
          ordinary and necessary to the carrying on of his trade or                   
          business under section 162(a).  We conclude that petitioners are            
          not entitled to a deduction for unreimbursed employee expenses              
          for equipment and supplies purchased with respect to Mr.                    
          Whitehurst’s employment.                                                    
               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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