Kenneth Miles and Michon Snow Tesar - Page 9

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          disallowed petitioners' Schedule A deduction for unreimbursed               
          employee expenses because the expenses claimed were not shown to            
          be ordinary and necessary nor had petitioners established that              
          the expenses were not reimbursable by petitioner's employer.  In            
          the notice of deficiency for the tax year 1992, respondent                  
          disallowed petitioners' Schedule A employee business expenses for           
          lack of substantiation.  Respondent also disallowed petitioners'            
          Schedule C deductions for automobile expense as personal                    
          commuting costs and disallowed Mrs. Tesar's home office expense             
          because it was not ordinary and necessary.  Respondent further              
          determined an accuracy-related penalty under section 6662(a).  In           
          the notice of deficiency for the tax year 1993, respondent                  
          disallowed petitioners' deduction for employee business expense             
          due to a lack of substantiation.  Respondent further determined             
          an accuracy-related penalty pursuant to section 6662(a).                    
               As an initial matter, petitioners assert that respondent               
          audited petitioners' prior years' returns with respect to claimed           
          deductions for expenses for the purchase of comic books and for             
          the use of a portion of petitioners' home by Ms. Tesar as her               
          office, and they contend that respondent allowed those                      
          deductions.  Petitioners argue that deductions should therefore             
          be allowed for amounts paid or incurred for these items during              
          the years in issue because they are identical in character to               
          those previously subject to audit.  We are not persuaded by                 





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