- 20 - within the meaning of section 162(a)(2). Accordingly, petitioners are not entitled to deduct the cost of Mr. Marple’s meals as a business expense under section 162.13 3. Work Clothing The cost of clothing is generally a nondeductible personal expense within the meaning of section 262, even if the clothing was in fact used exclusively for work. See Barone v. Commissioner, 85 T.C. 462, 469 (1985), affd. without published opinion 807 F.2d 177 (9th Cir. 1986). The cost of clothing may be deductible as a business expense under section 162(a) where (1) the clothing is required or essential in the taxpayer’s employment, (2) the clothing is not suitable for general or personal wear, and (3) the clothing is not worn for general or personal purposes. Yeomans v. Commissioner, 30 T.C. 757, 767-768 (1958). Mr. Marple purchased jeans and work boots during the year in issue which he wore while employed as a sheet metal worker. Mr. Marple testified the items were “normal” jeans and work boots. There is no evidence that the items were unsuitable for general or personal wear, nor is there evidence that Mr. Marple did not 13 We note that expenses for meals are subject to strict substantiation under sec. 274, discussed supra note 9. Petitioners did not introduce any receipts or other documentary evidence substantiating Mr. Marple’s meal expenses. Petitioners’ failure to meet the substantiation requirements of sec. 274(d) for Mr. Marple’s meal expenses would appear to provide an alternative basis for our holding disallowing petitioners’ claimed meal expense deduction.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007