Leonard Stockwell - Page 15




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          (2001); Clemons v. Commissioner, T.C. Memo. 1979-273.                       
          Petitioner’s testimony that he acquired his tools over the past             
          15 years and purchased some of them in the first 5 years he                 
          worked at NWA indicates that some tools were approximately 12               
          years old during the year at issue.                                         
               The only documentary evidence petitioner introduced to                 
          support his claimed deduction was a depreciation schedule                   
          indicating that he purchased the tools on January 1, 2001, and              
          January 1, 2002, contrary to his testimony.  Petitioner                     
          introduced no documentary evidence regarding his tools, such as             
          receipts, that would show their purchase price or the purchase              
          date.  Petitioner also did not describe what specific tools he              
          depreciated nor the tools’ expected useful lives.                           
               Petitioner has not substantiated that he is entitled to a              
          depreciation deduction.  Further, we are unable to estimate any             
          amount for depreciation under the Cohan rule because the evidence           
          petitioner introduced is inadequate.  Petitioner is therefore not           
          entitled to deduct any amount for depreciation.                             
          Cellular Phone Expenses                                                     
               Petitioner claimed $336 of cellular phone expenses for 2003.           
          Cellular phones are included in the definition of “listed                   
          property” for purposes of section 274(d)(4) and are thus subject            
          to the strict substantiation requirements.  Gaylord v.                      
          Commissioner, T.C. Memo. 2003-273.  A taxpayer must establish the           







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