- 15 - (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 thePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007