Stanley A. and Connie A. Wasik - Page 18




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          sec. 1.274-5T(b)(6)(i)(B), Temporary Income Tax Regs., 50 Fed.              
          Reg. 46016 (Nov. 6, 1985).                                                  
               Petitioners offered no testimony regarding their claimed               
          expenses for the cellular phone.  Petitioners did introduce                 
          copies of checks made out to Verizon Wireless totaling $1,250.46,           
          which is less than the claimed deduction.  Petitioners did not              
          provide any breakdown of the personal versus business use of the            
          cellular phone.  In addition, petitioners failed to introduce any           
          testimony or evidence to prove that NWA required Mr. Wasik to               
          have a cellular phone.  Petitioners are therefore not entitled to           
          deduct any cellular phone expenses for 2003.                                
               Equipment Expenses                                                     
               Petitioners claimed $3,500 of equipment expenses.                      
          Petitioners introduced a Best Buy receipt for a computer for                
          $1,837 to support their deduction.  Petitioners did not introduce           
          any evidence that NWA required Mr. Wasik to have a computer or              
          that he used the computer for business purposes.  Petitioners               
          also gave no explanation of what equipment made up the roughly              
          $1,600 difference between the cost of the computer and the amount           
          petitioners claimed.  Mr. Wasik admitted that the deduction was a           
          mistake.  We conclude that petitioners are not entitled to deduct           
          $3,500 for equipment.                                                       










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