Emmanuel M. and Blessing N. Nwankwo - Page 20

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          cleaning costs resulted from his work uniform, and although he              
          did not wear a corporate uniform per se, he did wear “jeans from            
          head to toe.”  Articles of clothing are deductible under section            
          162(a) only if the clothing is required in the taxpayer’s                   
          business, is not suitable for general or personal wear, and is              
          not worn for general or personal purposes.  Yeomans v.                      
          Commissioner, 30 T.C. 757, 767-768 (1958).  There is nothing in             
          the record to prove that the jeans worn by Mr. Nwankwo were                 
          required in petitioner’s business, were not suitable                        
          for general or personal wear, and were not worn for general or              
          personal purposes.  Accordingly, we must sustain respondent with            
          respect to these expenses.                                                  
               With respect to the disallowed deductions for telephone                
          expenses, as a general rule, the deductibility of telephone                 
          expenses is also guided by section 162(a).  But see sec. 262(b).            
          However, if the telephone expense at issue is for a cellular                
          phone, the stringent substantiation requirements under section              
          274(d) will apply, as a cellular phone is listed property                   
          pursuant to sections 274(d)(4) and 280F(d)(4)(A)(iv).                       
               The record is devoid of any evidence showing Mr. Nwankwo’s             
          business-related telephone expenses, or in what amount these                
          expenses occurred.  The only reference contained in the record is           
          a letter addressed to Mr. Nwankwo from his cellular phone company           
          notifying him of a replacement fee that he must pay for a non-              






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