Thomas J. Spielbauer - Page 7

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               In 1992, petitioner purchased a book on Federal taxation               
          from Prentice Hall for $142 and deducted this expense on the                
          return.  Petitioner reviewed the book, which covers deductions              
          and exemptions.                                                             
                                       OPINION                                        
               Section 162(a) allows a deduction for all ordinary and                 
          necessary expenses incurred in carrying on a trade or business.             
          The performance of services as an employee constitutes a trade or           
          business.  O'Malley v. Commissioner, 91 T.C. 352, 363-364 (1988).           
          An ordinary expense is one that is common and acceptable in the             
          particular business.  Welch v. Helvering, 290 U.S. 111, 113-114             
          (1933).  A necessary expense is an expense that is appropriate              
          and helpful in carrying on the trade or business.  Heineman v.              
          Commissioner, 82 T.C. 538, 543 (1984).  An employee's trade or              
          business is earning his compensation, and generally only those              
          expenses that are related to the continuation of his employment             
          are deductible.  Noland v. Commissioner, 269 F.2d 108, 111 (4th             
          Cir. 1959), affg. T.C. Memo. 1958-60.  Deductions are a matter of           
          legislative grace, and petitioner bears the burden of proving               
          that he is entitled to the deductions claimed.  Rule 142(a);                
          INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84 (1992).                      
          Reimbursable Expenses                                                       
               When an employee has a right to reimbursement for                      
          expenditures related to his status as an employee, but fails to             





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