Jerry Howard-Crowley - Page 14

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          The clothing expenses petitioner incurred were for clothes of a             
          type which can be worn outside of work.  The articles of clothing           
          seem especially suited for ordinary wear in the State of New                
          Hampshire.  A deduction may not be claimed for the expenses                 
          because they are nondeductible personal expenses rather than                
          business expenses, even if the clothing was in fact used                    
          exclusively for work.  Sec. 262(a); Barone v. Commissioner, 85              
          T.C. 462, 469 (1985) ("The general rule concerning the                      
          deductibility of work clothes under section 162(a) is that they             
          must be of a type specifically required as a condition of                   
          employment and not adaptable to general usage as ordinary                   
          clothing."), affd. without published opinion 807 F.2d 177 (9th              
          Cir. 1986).  Petitioner's clothing was suitable for general or              
          personal wear.                                                              
               Petitioner is not entitled to any deductions in excess of              
          those agreed to by respondent.                                              
          Addition To Tax and Penalty                                                 
               Addition To Tax for Failure To Timely File                             
               Section 6651(a)(1) provides for an addition to tax of 5                
          percent of the tax required to be shown on the return for each              
          month or fraction thereof for which there is a failure to file,             
          not to exceed 25 percent.  The addition to tax for failure to file          
          a timely return will be imposed if a return is not timely filed             
          unless the taxpayer shows that the delay was due to reasonable              






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