- 17 - reasonableness of a tip as within the ambit of "experience with the mainsprings of human conduct". See Commissioner v. Duberstein, 363 U.S. 278, 289 (1960). We conclude that the amount petitioner deducted as tips was in excess of a reasonable amount, and, accordingly, allow $15 per day for such expenses on each of these four trips. We next consider whether any of the expenses claimed by petitioner constitute nondeductible personal or living expenses pursuant to section 262. Petitioner claimed $161.60 as a deduction for expenses incurred for gratuities and taxes relating to the purchase of a 4-day spa plan while on the 11-day Fort Lauderdale/Miami Beach, Florida, trip (paragraph 10 of the stipulation of facts). The actual cost of the spa plan was not deducted. This expenditure was personal and unrelated to petitioner's performance of charitable services. On a trip to Atlanta, Georgia (paragraph 15 of the stipulation of facts), petitioner deducted expenditures for gasoline. Petitioner's receipts show that he filled the gas tank before he left his home in Charlotte, North Carolina, and again when he returned. The second tank of gas was used for petitioner's personal affairs at home in Charlotte rather than the trip to Atlanta. Accordingly, we sustain respondent's disallowance of $15 of the amount claimed for gasoline on this trip.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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