Akin Falodun - Page 11




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          reflected on the receipts.  The Court admitted these receipts               
          into evidence solely for the purpose of showing that some gifts             
          of property had been made.                                                  
               Petitioner’s testimony regarding value leaves much to be               
          desired, as does his testimony regarding the even more                      
          fundamental issue of deciding exactly what was donated.  For                
          example, petitioner claims to have donated to the Salvation Army            
          a brand-new surround-sound radio with 12 speakers having a value            
          of “about maybe $400”.  However, petitioner was unable to produce           
          a receipt for his purchase because “it was cash, actually” given            
          to “some guys, you know, in the parking lot” “who approached me             
          at Cosco” as “I was driving one day”.  According to petitioner:             
               The speakers, you know--they were very expensive                       
               speakers, and they gave me them at a discount price.                   
               So I paid for the speakers, but when I go home, the                    
               power wasn’t sufficient.  It wasn’t worth what the guy                 
               told me, so I couldn’t use it.                                         
               We accept petitioner’s testimony that he made some gifts of            
          property, but his proof pales in comparison to what was claimed.            
          As before, we exercise our discretion, but bear heavily against             
          petitioner, see id., and we hold that he is entitled to a                   
          deduction for gifts of property in the amount of $250.                      
          C.  Employee Business Expenses                                              
               As an initial matter, we note that petitioner’s vehicle                
          expense, to the extent allowable, is a business expense                     
          deductible under section 162(a) as a so-called above-the-line               







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