- 11 - are not considered necessary. Deputy v. du Pont, supra; Noland v. Commissioner, 269 F.2d 108, 109 (4th Cir. 1959); Westerman v. Commissioner, 55 T.C. 478, 482 (1970); Stolk v. Commissioner, 40 T.C. 345, 357 (1963), affd. 326 F.2d 760 (2d Cir. 1964); Jergens v. Commissioner, 17 T.C. 806, 811 (1951); Harding v. Commissioner, T.C. Memo. 1970-179. Merely because an employer is financially unable to reimburse an employee for expenses paid by the employee on the employer's behalf does not necessarily entitle the employee to a deduction. Thomas v. Commissioner, T.C. Memo. 1988-505. On the other hand, if, as a condition of employment, an employee is required to incur expenses on behalf of his or her employer, the employee is entitled to a deduction for those expenses that are ordinary and necessary to his or her business as an employee to the extent such expenses are not subject to reimbursement. Schmidlapp v. Commissioner, 96 F.2d 680 (2d Cir. 1938); Eder v. Commissioner, T.C. Memo. 1981-408. Respondent argues that the expenses do not constitute ordinary and necessary employee business expenses within the meaning of section 162(a) because petitioner, as a corporate officer and employee of Stone Jessup, incurred the expenses voluntarily and not because Stone Jessup required him to do so as a condition of his employment. We do not agree. As the only director and officer of Stone Jessup, it would have been petitioner who would have established the conditions ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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