-13- Petitioners also claim for 1989 $774 as a deduction for unreimbursed employee business expenses. These expenses are for "[taking] employees for refreshments after work to summarize the events from the day and plan the next day". Ordinary and necessary business expenses generally may not be deducted under section 162(a) if reimbursement is available from a taxpayer's employer. Lucas v. Commissioner, 79 T.C. 1, 7 (1982). Mr. Martin testified that most of the expenses he incurred for taking employees for refreshments after work were submitted to and reimbursed by his employer, but that he was required to "pocket [the claimed expenses] because of budget constraints". Petitioners presented no other evidence in this regard. We are not convinced that had Mr. Martin sought reimbursement for the claimed "pocketed" expenses in 1989, his request would have been denied. Accordingly, except for the country club fees and expenses, we sustain respondent's disallowance of petitioners' claimed deductions for unreimbursed employee business expenses for 1989. Investment Expenses The next matter for our attention is whether petitioners are entitled to deduct $348 in investment expenses for 1989. The expenses were incurred in Mr. Martin's investigating publicly held companies with a view towards the possible purchase of their stock. Respondent disallowed a deduction for these costs on the groundPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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