Emmanuel I. Nwachukwu - Page 12




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          care expenses were incurred while petitioner was not employed.              
          See Collins v. Commissioner, T.C. Memo. 1997-129.                           
               Accordingly, we find that petitioner expended $1,500 for               
          child care during 1995.  See Cohan v. Commissioner, supra.  The             
          amount of the section 21 credit allowable for this expense must             
          be determined by the parties in their Rule 155 calculations.                
          Issue 4.  Job-Search Expenses                                               
               Petitioner claimed a Schedule A deduction for job-search               
          expenses of $5,570.  Petitioner testified that he searched in               
          Nigeria, Los Angeles, and Texas for a job in either banking or              
          accounting.                                                                 
               Section 162(a) allows a deduction for all the ordinary and             
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business.  Such deductible expenses                
          include those incurred in searching for new employment in the               
          employee's same trade or business.  See Cremona v. Commissioner,            
          58 T.C. 219 (1972); Primuth v. Commissioner, 54 T.C. 374 (1970).            
          Petitioner bears the burden of proving that the expenses were of            
          a business nature rather than personal and that the expenses were           
          ordinary and necessary.  See Rule 142(a); Welch v. Helvering,               
          supra.                                                                      
               With respect to petitioner's 1-month trip to Nigeria,                  
          petitioner did not present any documentation or detailed                    
          testimony concerning the specific job-search activities in which            






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