Kevin J. and Crystal A. Shoemaker - Page 22

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         Claimed Clothing Expenses                                                    
              Articles of clothing, including shoes or boots, are deduct-             
         ible under section 162(a) only if the clothing is required in the            
         taxpayer’s employment, 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).                                
              The record establishes that the items of clothing for which             
         petitioners claim a deduction for their taxable year 2002 consist            
         of jeans, shirts, gloves, hats, and Wolverine boots.                         
              On the instant record, we find that petitioners have failed             
         to carry their burden of establishing that the jeans, shirts,                
         gloves, hats, and Wolverine boots in question were required in               
         Mr. Shoemaker’s employment, were not suitable for general or                 
         personal wear, and were not worn for general or personal pur-                
         poses.                                                                       
              On the record before us, we find that petitioners have                  
         failed to carry their burden of establishing that they are enti-             
         tled for their taxable year 2002 to the deduction under section              
         162(a) that they claim for certain clothing.19                               


              18(...continued)                                                        
          46016 (Nov. 6, 1985).                                                       
               19Assuming arguendo that petitioners had established that              
          the expenditures for the clothing in question were otherwise                
          deductible under sec. 162(a), on the record before us, we find              
          that petitioners have failed to carry their burden of establish-            
          ing that they spent $444.42, the clothing expense deduction that            
                                                             (continued...)           




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