Harout and Manik Gapikia - Page 8




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          (1990).  Even if petitioners had properly raised this issue,                
          petitioner’s testimony was unclear, and no documentary evidence             
          was presented.  Thus, petitioners have not substantiated any                
          expense they may have incurred for child care.                              
               Petitioner also presented argument at trial that expenses              
          related to his employment as a car salesman should be Schedule C            
          expenses rather than Schedule A expenses.  He argues that these             
          expenses should be deducted from his gross income in order to               
          arrive at his adjusted gross income.  We disagree.                          
               Section 62, which defines adjusted gross income, lists the             
          deductions from gross income which are allowed for the purpose of           
          computing adjusted gross income.  Section 62(a)(1) states the               
          general rule that trade or business deductions are allowed for              
          the purpose of computing adjusted gross income “if such trade or            
          business does not consist of the performance of services by the             
          taxpayer as an employee”.  Expenses of employment, if incurred by           
          performing artists or State or local government officials, or               
          under a reimbursement arrangement with the employer, are                    
          deductible in computing the employee’s adjusted gross income.               
          See sec. 62(a)(2).  Otherwise, employed individuals with                    
          unreimbursed trade or business expenses of their employment must            
          itemize deductions for such expenses.  See secs. 161 and 162.               
          Under section 67 these itemized deductions are subject to a 2-              
          percent floor.                                                              






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