- 23 - 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 andPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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