- 3 - These Schedule C expenses consisted of $5,600 for driving 20,000 miles "hauling crew to worksite" and $620 spent on safety equipment. OPINION We must decide whether petitioner correctly reported his income and expenses on Schedule C of his return. Respondent contends that petitioner, as an employee, must claim the expenses at issue on his Schedule A as miscellaneous itemized deductions and that they are limited to the extent they exceed the 2-percent floor imposed by section 67. “To be reportable on Schedule C, a taxpayer's income must arise from a trade or business, other than that of being an employee. If a taxpayer's earnings arise from working as an employee, they must be reported as wages.” Walker v. Commissioner, 101 T.C. 537, 541 (1993). Petitioner admitted at trial that he was an employee of Wes-Tex. Section 62(a)(1) allows taxpayers to deduct from gross income trade or business expenses “which are attributable to a trade or business carried on by the taxpayer, if such trade or business does not consist of the performance of services by the taxpayer as an employee.” The $6,220 in expenses deducted by petitioners on their Schedule C was for unreimbursed employee expenses. Petitioners therefore must deduct these expenses subject to the 2-percent floor of section 67. Secs. 62, 67, 162; In re Black, 131 Bankr. 106 (Bankr. E.D. Ark. 1991); see alsoPage: Previous 1 2 3 4 Next
Last modified: May 25, 2011