Matthew P. Brown - Page 5

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          taxes paid of $1,471, employee business expenses of $7,520, and             
          gifts to charities of $100.1  Petitioner also received                      
          reimbursement of employee business expenses of $6,099 for each of           
          the years 2001 and 2002.  The $6,099 that petitioner received in            
          each of the years in issue was not dependent on the actual                  
          expenses incurred or miles driven.  Petitioner was not required             
          to report the number of miles driven to his employer.  The                  
          payment was described by petitioner as an “expense allowance”.              
          Petitioner did not report the $6,099 as income on his respective            
          returns.                                                                    
               In a notice of deficiency respondent disallowed all the                
          itemized deductions claimed on the 2001 and 2002 returns.  Before           
          trial the parties agreed that petitioner is entitled to                     
          deductions for gifts to charities as claimed on the 2001 and 2002           
          returns.  The parties further agreed that petitioner is entitled            
          to the claimed deduction for taxes for 2002.2  Respondent did not           
          adjust petitioner’s income to include the $6,099 in reimbursed              


               1  The 2002 Federal income tax return was not made part of             
          the record; however, other evidence, including copies of Forms W-           
          2, Wage and Tax Statement, reflect that petitioner received                 
          salary in the amount of $61,868.83.                                         
               2  The notice of deficiency allowed a standard deduction in            
          lieu of the claimed itemized deductions for 2001 and 2002.  It is           
          not clear whether the allowance of the itemized deductions for              
          gifts to charity and for taxes will result in any tax benefit to            
          petitioner.  The Court will enter a decision under Rule 155 and             
          permit the parties to compute the tax liability that is most                
          advantageous to petitioner.                                                 





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