Michael Kevin Boltinghouse - Page 23




                                       - 23 -                                         
               After conceding that 10 percent of his telephone use was for           
          nonbusiness uses, petitioner is attempting to deduct $523.44 for            
          cable television and $619.07 for his telephone in 2003.                     
          Petitioner has provided no evidence to establish that he uses his           
          home as a place of business.  Furthermore, we find that only a              
          small portion of petitioner’s cable and telephone use was for               
          business purposes.  Therefore, we agree with respondent that                
          petitioner’s cable and telephone expenses are nondeductible                 
          personal expenses under section 262.  Section 262(b) also                   
          specifically disallows any deductions for local telephone                   
          service.  Therefore, we will not allow petitioner a deduction for           
          cable or telephone expenses.                                                
                    5.  Laundry, Dry Cleaning, Cost of Clothing, and                  
                    Haircuts                                                          
               Petitioner proposes to deduct $3,604.64 as expenses incurred           
          for purchasing business clothing, laundry and dry-cleaning, and             
          haircuts.  Petitioner argues that these are ordinary and                    
          necessary business expenses because they were required as a                 
          condition of his employment and he would not have made such                 
          expenditures if his employer did not require them.                          
               Expenses for uniforms are deductible under section 162(a) if           
          the uniforms are required or essential for employment, are not              
          suitable for general wear, and are not worn as ordinary clothing.           
          Yeomans v. Commissioner, 30 T.C. 757, 767 (1958); Udoh v.                   
          Commissioner, T.C. Memo. 1999-174.  Petitioner testified that the           






Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next 

Last modified: November 10, 2007