Michael Kevin Boltinghouse - Page 9




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          supervisors.  However, about two-thirds of the cost of the long             
          distance calls was attributable to calls made to family members.            
                         e.  Laundry, Dry Cleaning, Cost of Clothing, and             
                         Haircuts                                                     
               Petitioner seeks to deduct $3,604.65 as the combined cost of           
          clothing purchases, laundry and dry cleaning, and haircuts.  The            
          clothing purchased consists of suits, sport coats, slacks, ties,            
          socks, and alterations.  These expenses were necessary for                  
          petitioner’s continued employment at The Men’s Warehouse because            
          his dress code required him to wear a suit or a sport coat and              
          slacks combination with a tie and to be well groomed.                       
                    5.  Casualty Loss                                                 
               Petitioner claims that he suffered a $500 casualty loss in             
          2003 because he tore a business suit on a piece of glass while at           
          work.                                                                       
                    6.  Tax Preparation Software and Publications                     
               On the proposed Form 1040, petitioner claims a $166.49                 
          deduction for tax preparation software and publications.                    
                                       OPINION                                        
          I.  Dependency Exemption Deduction for Petitioner’s Daughter                
               A taxpayer bears the burden of proving that the                        
          Commissioner’s determinations set forth in the notice of                    
          deficiency are incorrect.  Rule 142(a)(1); Welch v. Helvering,              
          290 U.S. 111, 115 (1933).  Tax deductions are a matter of                   
          legislative grace, and a taxpayer has the burden of proving that            






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Last modified: November 10, 2007