James E. Brown - Page 13

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          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 to                







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