Michael Kevin Boltinghouse - Page 22




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               Section 274(e) provides that expenses for food and beverages           
          furnished on the business premises of a taxpayer primarily for              
          his employees may be deductible and are not subject to the strict           
          substantiation requirements of section 274(d).  See  sec. 1.274-            
          5T(c)(7), Temporary Income Tax Regs., supra.  However, this                 
          section does not apply to petitioner’s expenditures because the             
          employees at the store that petitioner manages are The Men’s                
          Warehouse’s employees, not petitioner’s employees.  This section            
          is aimed at expenses that are deductible by an employer because             
          they are in the nature of compensation paid to his employees,               
          which is not true of the expenses in this case.  See Haman v.               
          Commissioner, T.C. Memo. 1972-118, affd. 500 F.2d 401 (9th Cir.             
          1974).  Therefore, we find that petitioner has failed to carry              
          his burden, and we will not allow him a deduction for any                   
          entertainment or meal expenses.                                             
                    4.  Cable Television and Home Telephone                           
               Section 262 provides that personal, living, and family                 
          expenses are not deductible unless expressly allowed, and the               
          regulations specify that personal, living, and family expenses              
          include utilities provided to a taxpayer’s home unless the                  
          taxpayer uses a part of his home for his business.  Sec. 1.262-             
          1(b)(3), Income Tax Regs.  Section 262(b) specifically disallows            
          any deduction for the first line of basic local telephone service           
          provided to a taxpayer’s residence.                                         







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Last modified: November 10, 2007