- 4 - the expenses incurred by petitioner in connection with his activity constituted unreimbursed employee business expenses that were deductible on Schedule A, Itemized Deductions, but subject to the limitation of section 67(a). For the 3 years at issue, respondent allowed all the car and truck expenses claimed by petitioner on his Schedule C as itemized deductions. Similarly, respondent allowed petitioner an itemized deduction for meals for 1994 but disallowed the amounts claimed for meals for 1995 and 1996.3 Respondent also disallowed utilities expenses claimed for 1994 and 1995, which petitioner conceded at trial. See supra note 2. With respect to the first issue, whether an individual is an employee or an independent contractor is a factual question to be answered using common-law principles. See Nationwide Mut. Ins. Co. v. Darden, 503 U.S. 318, 322-325 (1992); Professional & Executive Leasing, Inc. v. Commissioner 89 T.C. 225, 232 (1987), affd. 862 F.2d 751 (9th Cir. 1988); Weber v. Commissioner, 103 T.C. 378, 386 (1994), affd. 60 F.3d 1104 (4th Cir. 1995). In 3 At trial, respondent orally moved to increase the deficiency for 1994 for the disallowance of $2,625 in meal expenses, which respondent contends was erroneously allowed in the notice of deficiency. Although the deductibility of meal expenses is in part a legal question, the meal expenses for 1995 and 1996 were also disallowed for lack of substantiation. Since petitioner had no knowledge prior to trial that respondent would move to increase the deficiency for 1994, respondent's oral motion will be denied.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011