Joellen Miller Murata - Page 16

                                               - 16 -                                                  

            airfare, transportation to and from the airport, a per diem meals                          
            allowance, the cost of newspapers, laundry expenses, and                                   
            miscellaneous expenses.                                                                    
                  Section 162(a) allows a deduction for ordinary and necessary                         
            business expenses.  Such deductible expenses include those                                 
            incurred in searching for new employment in the employee's same                            
            trade or business.  Cremona v. Commissioner, 58 T.C. 219 (1972);                           
            Primuth v. Commissioner, 54 T.C. 374 (1970).  If the employee is                           
            seeking a job in a new trade or business, however, the expenses                            
            are not deductible under section 162(a).  Frank v. Commissioner,                           
            20 T.C. 511, 513 (1953); Hobdy v. Commissioner, T.C. Memo. 1985-                           
            414; Evans v. Commissioner, T.C. Memo. 1981-413.  Petitioner                               
            bears the burden of proving that the expenses were of a business                           
            nature rather than personal and that said expenses were ordinary                           
            and necessary.  Rule 142(a); Welch v. Helvering, 290 T.C. at 115.                          
                  With regard to the trip to Los Angeles from December 15,                             
            1990, through January 7, 1991, petitioner did not present any                              
            documentation or detailed testimony concerning the specific job                            
            search activities in which she engaged during her trip, other                              
            than making telephone calls and mailing resumes.  Moreover, the                            
            record contains no information regarding the amount of time she                            
            devoted to such activity.  Although we believe petitioner engaged                          
            in some job search activities, there were personal reasons for                             
            her to be in Los Angeles.  We think it significant that she                                





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011