Michael and Calvineta Byard - Page 7




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          on petitioners’ Schedule C, and the $24,000 amount was clearly              
          mislabeled on their return.  Petitioners did not make a valid               
          election to expense currently their SUV under section 179.                  
               Petitioners offered no evidence supporting the use of the              
          SUV as an employee business expense of petitioner husband in his            
          computer analyst position.  Rather, they argue that the SUV was             
          not used in his job as computer analyst, but instead was used in            
          petitioners’ janitorial business.  Because petitioners have not             
          substantiated the deduction for unreimbursed transportation costs           
          claimed on their return as an employee business expense, the                
          $24,000 deduction claimed cannot be allowed.                                
               We sustain respondent’s determination to disallow the                  
          $24,000 deduction claimed by petitioners.  To reflect the                   
          foregoing,                                                                  

                                                  Decision will be entered            
                                             for respondent.                          



















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Last modified: November 10, 2007