- 13 - and attempted to claim a refund based on them. Petitioner has offered no documentation that $47,277 was paid to the IRS on his behalf for 1991. Accordingly, petitioner is not entitled to an overpayment based on his claim to withholding credits of $47,277 for 1991. Issue 4. Unreimbursed Employee Business Expenses Respondent determined that petitioner is not entitled to a deduction for unreimbursed employee business expenses of $8,044 and $5,457 for 1990 and 1991, respectively. Petitioner asserts that he is entitled to the deductions. Section 162(a) allows a deduction for "all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business". Such deductions, however, are not allowable to an employee "to the extent that the employee is entitled to reimbursement from his or her employer for an expenditure related to his or her status as an employee." Lucas v. Commissioner, 79 T.C. 1, 7 (1982). At trial, petitioner testified that he "could have received a 100-percent reimbursement from the Government" for these expenses. In addition, petitioner failed to substantiate that he incurred these expenses in the amounts claimed. Accordingly, since petitioner could have been reimbursed by his employer and did not substantiate these deductions, he is not entitled toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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