W. Bradford Davis and Tedde M. Rinker - Page 23

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          of care for their child during working hours.  See, e.g.,                   
          O’Reilly v. Commissioner, T.C. Memo. 1974-261 (and cases cited              
          therein).  Congress has enacted a separate credit for child care            
          expenses, which is currently embodied in section 21.  Indeed,               
          petitioners took advantage of that provision to claim a $30                 
          credit on their 1999 tax return in addition to their Schedule C             
          deductions.  However, the rule set forth in O’Reilly still                  
          stands, and petitioners may not deduct the costs of child care as           
          section 162 expenses.                                                       
          10.  Bank Charges                                                           
               Dr. Rinker testified that she incurred charges for the                 
          processing of patients’ credit card payments and for maintaining            
          her business checking accounts.  Petitioners provided no evidence           
          of the amounts of those bank charges.  At trial, Dr. Rinker was             
          unable even to estimate the bank charges she incurred in 1999.              
          We therefore lack a sufficient basis upon which to estimate an              
          appropriate deduction.  See Cohan v. Commissioner, 39 F.2d at               
          544.                                                                        
          11.  Dues                                                                   
               Dr. Rinker testified that she paid dues and licensing fees             
          to several organizations related to her medical practice in 1999.           
          Dr. Rinker was unable to recall the precise amounts, but she                
          estimated that her State medical license fee for 1999 was $500              
          and that she paid dues to several medical colleges and                      






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