- 17 - the remitted fellowship proceeds constitute an employee business expense, deductible on Schedule A. See Butchko v. Commissioner, T.C. Memo. 1978-209, affd. 638 F.2d 1214 (9th Cir. 1981) (holding taxpayer's payment to employer for cash register shortages resulted in employee business expense). (2) Remaining Expenses There is some confusion with respect to the amount of expenses remaining in dispute. On Schedule C of the amended return, petitioners claimed expenses related to petitioner's research and writing in the amount of $33,481. On the basis of arguments presented prior to trial, petitioners now appear to claim expenses relating to petitioner's activities in the amount of $29,600, the amount allowed by respondent. See supra p. 11 & note 2 to table. In any event, petitioners have offered no proof that they are entitled to deductions in excess of $29,600, and we sustain respondent's determination to that extent. Respondent determined that petitioner incurred the allowable expenses as an employee of UConn. Accordingly, respondent argues that petitioner's allowable work-related expenses are deductible as miscellaneous itemized deductions under section 67. In contrast, petitioners contend that petitioner was in the separate trade or business of writing scholarly materials when he incurred the expenses. In so doing, petitioners argue that petitioner's activities were not related to his employment at UConn.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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