Timothy E. Butler - Page 15

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               Issue (5): Union Dues - 1993                                           
               Petitioner claimed a deduction for union dues in the amount            
          of $360 on his Schedule A for 1993.                                         
               Documentary evidence introduced by petitioner at trial                 
          establishes that petitioner paid union dues to Local 998 of the             
          Amalgamated Transit Union (AFL-CIO) in the amount of $331.65 in             
          1993.  Petitioner contends that his exhibit contains a                      
          typographical error and that the amount actually paid was the               
          amount claimed on his return.  However, the matter is moot                  
          because of the 2-percent floor on miscellaneous itemized                    
          deductions prescribed by section 67.                                        
               Section 67(a) provides that in the case of an individual,              
          miscellaneous itemized deductions are allowable only to the                 
          extent that the aggregate of such deductions exceeds 2 percent of           
          the individual's AGI.  A deduction for union dues constitutes a             
          miscellaneous itemized deduction.  Sec. 67(b).  In petitioner's             
          case, the deduction for union dues is petitioner's only                     
          miscellaneous itemized deduction in 1993, and 2 percent of                  
          petitioner's AGI for that year exceeds the amount that petitioner           
          seeks to deduct.  Accordingly, no deduction is allowable.                   












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