Emmanuel M. and Blessing N. Nwankwo - Page 23

                                       - 22 -                                         
          these items were contained in a “bag of receipts” mistakenly                
          thrown out in the trash by his mother, the elder Mrs. Nwankwo,              
          sometime in late 2003 when she was staying at petitioners’ home.            
          Petitioners did not recall a total dollar amount for the receipts           
          contained in the bag, nor did they testify that the receipts in             
          question were no longer available.  Petitioners produced at trial           
          photocopies of approximately 15 readable receipts that they                 
          claimed were reflective of the receipts contained in the bag that           
          was thrown out in the trash.  These receipts were received into             
          evidence.                                                                   
               Again, we cannot tell from the record whether any of the               
          photocopied receipts provided by petitioners were a part of the             
          amounts disallowed by respondent.  We must therefore sustain                
          respondent on this issue.                                                   
               With respect to the disallowed deductions for uniforms and             
          dry cleaning expenses, we again find that there is nothing in the           
          record to prove that the “jeans uniform” worn by Mr. Nwankwo in             
          2003 was required in petitioner’s business, was not suitable                
          for general or personal wear, and was not worn for general or               
          personal purposes.  Moreover, as a general observations, we are             
          unwilling to believe that blue jeans of the type Mr. Nwankwo                
          testified that he wore while on the job required dry cleaning.              
          Accordingly, we sustain respondent with respect to this                     
          deduction.                                                                  






Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011