Rodolfo Garcia, Jr. and Penny A. Garcia - Page 8

                                        - 7 -                                         
          deductible if the clothing is adaptable for nonbusiness wear.               
          See, e.g., Hawbaker v. Commissioner, T.C. Memo. 1983-665 (car               
          salesman not entitled to deduct costs of cleaning suits that were           
          easily soiled with grease and dirt).  In addition, to claim a               
          deduction for teaching supplies it is not enough that the                   
          supplies are helpful to the students and appropriate for use in             
          the classroom; they must also be directly related to the                    
          taxpayer’s job as a teacher and a necessary expense of being a              
          teacher.  Wheatland v. Commissioner, T.C. Memo. 1964-95.                    
               Respondent argues, and we agree, that petitioners’ claimed             
          expenses relating to Mrs. Garcia’s employment as a high school              
          English teacher are personal in nature and not ordinary and                 
          necessary business expenses.  Giving birthday cards and wedding             
          presents, renting movies, visiting the Museum of Natural Science,           
          contributing to a holiday party, subscribing to periodicals of              
          general interest, and purchasing tissues, lotion, and cleaning              
          supplies are not directly attributable to the performance of the            
          duties of a high school English teacher.  These are personal                
          expenses and are thus not deductible under section 162(a) as                
          ordinary and necessary business expenses.7  Sec. 262(a); Noland v.          


               7Effective for tax years beginning after Dec. 31, 2001,                
          elementary and secondary school teachers may deduct certain                 
          school supplies up to $250 from their gross income.  Sec.                   
          62(a)(2)(D), (d)(1).  As the year at issue is 2000, this                    
          provision is not at issue.  Respondent nonetheless allowed Mrs.             
          Garcia and Mr. Garcia each an amount in excess of $250.                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011