- 13 - On this record, the Court holds that petitioner is not entitled to dependency exemptions for Adam, Amanda, and Nathan for 1994, 1995, or 1996. Consequently, respondent is sustained on this issue. The second issue is whether petitioner is entitled to itemized deductions for 1994 in excess of that allowed by respondent. On Schedule A, Itemized Deductions, of his 1994 return, petitioner claimed miscellaneous itemized deductions subject to the 2-percent-of-adjusted-gross-income limitation of section 67(a) for job hunting expenses totaling $4,600. These expenses consisted of $3,269 for mileage expenses (11,271 miles at 29 cents per mile), telephone expenses of $1,152 (long distance and cellular), vocational materials of $98, postage of $52, and printing of $29. Respondent disallowed a portion of these expenses, including $358 for mileage expenses, $384 for telephone expenses, $40 for vocational material expenses, and $52 for postage expenses.4 Petitioner presented no documentary evidence to show he actually incurred any of the aforementioned expenses disallowed by respondent. It is well established that this Court is not 4 At trial, respondent conceded that, although the notice of deficiency disallowed $876 in itemized deductions, this was due to a mathematical error, and the correct amount of disallowed itemized expenses should have been $834. Thus, respondent conceded that petitioner was entitled to an additional $42 of miscellaneous itemized deductions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011