Irene E. Jones, a.k.a. Irene E. Perry-Jones a.k.a. Irene E. Perry - Page 18

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               When an employee has a right to reimbursement for                      
          expenditures related to her status as an employee, but fails to             
          claim such reimbursement, the employee's expenses are not                   
          deductible because such expenditures are not "necessary"; i.e.,             
          it is not necessary for an employee to remain unreimbursed for              
          expenses to the extent he or she could have been reimbursed.                
          Orvis v. Commissioner, 788 F.2d 1406 (9th Cir. 1986), affg. T.C.            
          Memo. 1984-533; Lucas v. Commissioner, 79 T.C. 1, 7 (1982).                 
               Generally, when evidence shows that a taxpayer incurred a              
          deductible expense, but the exact amount cannot be determined,              
          the Court may approximate the amount.  Cohan v. Commissioner, 39            
          F.2d 540, 543-544 (2d Cir. 1930).  The Court, however, must have            
          some basis upon which an estimate can be made.  Vanicek v.                  
          Commissioner, 85 T.C. 731, 742-743 (1985).  Section 274(d)                  
          provides that no deduction under section 162 or 212 for travel              
          and meals and entertainment is allowed unless the taxpayer                  
          substantiates by adequate records or by sufficient evidence                 
          (A) the amount of the expense, (B) the time and place of the                
          travel or entertainment, (C) the business purpose of the expense,           
          and (D) the business relationship to the taxpayer of persons                
          entertained.  The Cohan doctrine does not apply to such expenses.           
               Petitioner claimed employee expenses on Schedule A of her              
          1993 and 1994 Federal income tax returns in the total amounts of            
          $27,111 and $13,186, respectively.                                          





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