Daniel P. and Glenna J. Marple - Page 21




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         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.                                             




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