Gregory S. Robinette - Page 4

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          Sprint.  Sprint considered Pennausken, New Jersey, petitioner’s             
          home office, and, therefore, only reimbursed petitioner for all             
          employment-related travel expenses incurred while away from                 
          Pennausken.                                                                 
               Petitioner electronically filed his Federal income tax                 
          return for 2002 in a timely manner on December 10, 2003.                    
          Petitioner attached to his 2002 Federal income tax return a                 
          Schedule A.  On his 2002 Schedule A, petitioner claimed as                  
          follows, in pertinent part:                                                 
               Itemized Deductions                               Amount               
               Line  5   State and local income taxes            $1,860               
               Line  9   Total taxes                             1,860                
               Line 15   Gifts to charity by cash or check       2,600                
               Line 16   Other than by cash or check             460                  
               Line 18   Total contributions to charity          3,060                
               Line 20   Unreimbursed employee business exp.     27,689               
               Line 23   Total limited misc. expenses            27,689               
               Line 26   Net limited misc. deduction             26,489               
               Line 28   Total itemized deductions               31,409               
               In the notice of deficiency, respondent denied petitioner              
          the claimed charitable contribution deduction and the claimed               
          miscellaneous itemized deductions.  Because the remaining                   
          itemized deductions were less than the standard deduction for               
          taxable year 2002, respondent calculated petitioner’s deficiency            
          using the 2002 standard deduction of $4,700.                                
                                     Discussion                                       
               In general, the Commissioner’s determination set forth in a            
          notice of deficiency is presumed correct.  Welch v. Helvering,              






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