Gary Wilson - Page 7




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                             Expense                Amount                           
                    1.  Vehicle                   $6,454                              
                    2.  Parking fees                   855                            
                    3.  Travel                    9,442                               
                    4.  Business not on lines 1-3     4,988                           
                   5.  Meals                         1,874                           
                    Total claimed deductions     23,613                               
          The travel expenses claimed were for the cost of traveling                  
          between Idaho and California and the cost of occasionally staying           
          in motels near petitioner’s various jobsites.  Because of the               
          nature of his trade, petitioner incurred expenses for safety                
          boots, coveralls, tools, and union dues, which he claimed as                
          miscellaneous business deductions on his 1992 and 1993 returns.             
          At trial, petitioner offered two “employee [statements]” showing            
          amounts contributed as “Supplemental Union Dues” in 1992 of                 
          $714.65.                                                                    
                                       OPINION                                        
               Petitioner claimed business expense deductions for travel              
          expenses incurred for trips between California and Idaho, and               
          between his living quarters and various places of employment, and           
          various miscellaneous expense deductions related to his                     
          employment in the construction industry.  Respondent disallowed             
          the deductions petitioner claimed for unreimbursed travel                   
          expenses on the grounds that petitioner was not “away from home”            
          within the meaning of section 162(a)(2) when the expenses were              
          paid, and for lack of substantiation as required by section                 
          274(d).  Respondent disallowed the miscellaneous business expense           





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