Charles A. Brown, Jr. and Linda L. Brown - Page 8

                                        - 7 -                                         
               We begin by noting that Mr. Brown admitted that he had no              
          written records of these utilities expenses.  He testified with             
          estimations as to the expenses of local and long distance                   
          telephone service, a cellular telephone, computers, and an                  
          internet connection.  The cellular telephone and the computers              
          are subject to the more stringent substantiation requirements of            
          section 274(d), and deduction of these expenses is not allowable            
          based on testimony and estimations alone.  See Murata v.                    
          Commissioner, supra; Golden v. Commissioner, supra.  Mr. Brown              
          testified that 25 percent of his home’s local telephone service             
          was used for his law practice.  When any charge for basic local             
          telephone service is based on the first telephone line provided             
          to any residence of a taxpayer, it shall be treated as a personal           
          expense and is not deductible.  Sec. 262(b).                                
               Mr. Brown further testified to the exclusive use of the home           
          office for purposes of his law practice, but he presented no                
          evidence establishing the frequency or regularity with which the            
          home office was used, or the duties he performed there.  Mr.                
          Brown testified that “potential clients” would sometimes meet               


               4(...continued)                                                        
          (4th Cir. 1990), affg. 91 T.C. 686 (1988).  Mr. Brown only had              
          one income-producing client during the year at issue, and that              
          was the business operated by his wife, Mrs. Brown.  Given our               
          finding and conclusion, infra p. 10, that petitioners did not               
          substantiate the claimed amounts, we need not and do not address            
          the issue further.                                                          
                                                                                     





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