Michael Kevin Boltinghouse - Page 24




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          clothing he purchased was of a type that people ordinarily wear,            
          although he himself would not wear such clothing if not required            
          to.  Therefore, because the clothing that petitioner purchased is           
          suitable for general wear, his clothing expenses are                        
          nondeductible personal expenses under section 262, as are the               
          expenses incurred for laundering and dry-cleaning his clothing.             
          Haircuts are nondeductible personal expenses even when required             
          as a condition of employment.  See Hynes v. Commissioner, 74 T.C.           
          1266, 1291-1292 (1980).  Therefore, petitioner is not entitled to           
          deduct any of the expenses relating to his appearance.                      
               E.  Casualty Loss                                                      
               Under section 165(a), a taxpayer is allowed a deduction for            
          losses sustained during the taxable year and not compensated for            
          by insurance or otherwise.  Petitioner claims that he suffered a            
          $500 casualty loss because he tore his suit on a piece of glass             
          while at work.  As discussed in the section above, we have                  
          determined that petitioner’s business clothing is not considered            
          business property.  Thus, he is eligible for a casualty loss                
          deduction only if he meets the requirements of section 165(c)(3)            
          and (h).  Under section 165(h), petitioner may deduct his net               
          casualty loss only to the extent that it exceeds 10 percent of              
          his adjusted gross income, or $4,488 for 2003.  Therefore, even             
          if we were to accept petitioner’s unsubstantiated claim that he             
          suffered a casualty loss of $500, petitioner still fails to meet            







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