Les B. Martin and Millie A. Martin - Page 5

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          in July 1989, and resigned in December 1989, when it was apparent           
          that his position as president of Aero-Motive would be terminated.          
          Approximately $5,000 of the country club expenses represents an             
          initiation fee; the balance is for client entertainment.                    
          Respondent disallowed the deduction for country club fees and               
          expenses claiming (1) the membership fees are a capital expenditure         
          and (2) they are not ordinary and necessary business expenses.              
               On petitioners' amended 1989 tax return, the amount claimed as         
          unreimbursed employee business expenses, other than country club            
          fees and expenses, was reduced from $14,542 ($19,562 - $5,020) to           
          $1,936.  At  trial and in their posttrial brief, petitioners state          
          they are willing to concede 60 percent of the $1,936, so that now           
          they claim $774 for unreimbursed employee business expenses.                
          Respondent disallowed the deduction for unreimbursed employee               
          business expenses claiming (1) petitioners failed to substantiate           
          these expenses and (2) petitioners did not prove Mr. Martin's               
          employer would have denied reimbursement for these expenses had Mr.         
          Martin sought it.                                                           
          Investment Expenses                                                         
               On Schedule A of their 1989 return, petitioners deducted               
          $2,101 as investment expenses.  On petitioners' amended 1989 tax            


               1(...continued)                                                        
          expenses and reported the payment as income to Mr. Martin on his            
          W-2, the claimed deduction for the country club fees and expenses           
          should have been characterized as "other expenses" rather than              
          unreimbursed employee business expenses.                                    




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