Vladimir D. and Josephine M. Saric - Page 4




                                        - 4 -                                         
               Petitioners claim they are entitled to Schedule A “away from           
          home” employee business expense deductions of $23,149, $36,402,             
          and $22,532 for years 1994, 1995, and 1996, respectively.                   
          Petitioner claims these expenses were for transportation to and             
          from Fremont and meals and lodging while in Fremont.                        
               Respondent disallowed the away from home expenses.                     
          Discussion                                                                  
               Deductions are a matter of legislative grace.  See New                 
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).                    
          Taxpayers bear the burden of proving that they are entitled to              
          their claimed deductions.  See Welch v. Helvering, 290 U.S. 111,            
          115 (1933).                                                                 
               A taxpayer ordinarily may not deduct a personal expense.               
          See sec. 262.  Section 162(a), however, allows a taxpayer to                
          deduct traveling expenses incurred while away from home.  A                 
          taxpayer may deduct traveling expenses under section 162(a)(2) if           
          he satisfies the following three conditions:  (1) The expense               
          must be reasonable and necessary; (2) it must be incurred while             
          away from home; and (3) it must be incurred in the pursuit of a             
          trade or business.  See Commissioner v. Flowers, 326 U.S. 465,              
          470 (1946).  A “taxpayer shall not be treated as being                      
          temporarily away from home during any period of employment if               
          such period exceeds 1 year.”  Sec. 162(a).                                  








Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011