- 10 - According to petitioner, 1 or 2 days prior to the date of the picnic, he was advised that Avalon would not perform according to the agreement.6 Petitioner then entered into a new contract with A & S Catering (A & S). Petitioner was informed by the principal of the school that she would not authorize the disbursement of funds to A & S. Petitioner then paid $2,500 to A & S out of his own funds, and deducted the amount as an unreimbursed employee business expense on Schedule A of his income tax return. With respect to the $2,500 paid by petitioner to A & S, we note that section 162(a) allows a deduction for all ordinary and necessary expenses incurred in carrying on a trade or business. Generally, the performance of services as an employee constitutes a trade or business. Primuth v. Commissioner, 54 T.C. 374, 377 (1970). In this regard, petitioner maintains that he may deduct the $2,500 as an ordinary and necessary expense. The record, however, indicates that petitioner was aware that the school's principal disapproved of the expenditure before petitioner incurred the expense in question. We are not persuaded that this expense, incurred with the knowledge that it would not be approved by his superiors, was ordinary and necessary to 6 Documents in this record are inconsistent with petitioner's testimony. Said documents could lead us to the conclusion that petitioner unilaterally terminated the contract with Avalon. We need not, and do not, decide for purposes of this opinion whether petitioner was at fault or exactly what role petitioner played in the failure of Avalon to perform the catering services.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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