Richard A. Gerstenberger - Page 15




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          deduct the claimed Schedule C expenses.  On that record, we                 
          sustain respondent’s determination to disallow the Schedule C               
          deductions claimed in the 1995 return.                                      
               We shall now consider whether petitioner is entitled to                
          deduct any of the claimed Schedule C expenses as itemized deduc-            
          tions subject to the 2-percent adjustment required by section               
          67(a).  If a taxpayer’s trade or business is that of being an               
          employee, the ordinary and necessary expenses of being an em-               
          ployee will be treated as itemized deductions, see sec. 62(a)(1),           
          subject to the limitation of section 67(a), i.e., the 2-percent             
          adjustment.  See Alexander v. IRS, 72 F.3d 938, 944-946 (1st Cir.           
          1995), affg. Alexander v. Commissioner, T.C. Memo. 1995-51.                 
          Respondent concedes that, of the total Schedule C expenses                  
          claimed by petitioner, expenses aggregating $2,577 qualify as               
          employee business expenses that constitute miscellaneous itemized           
          deductions subject to the 2-percent adjustment.  Based on our               
          examination of the entire record before us, we find that peti-              
          tioner has failed to prove that any additional amount of the                
          claimed Schedule C expenses qualifies as such an itemized deduc-            
          tion.                                                                       
               With respect to petitioner’s contention that respondent                
          erred in determining to disallow certain of the expenditures that           
          he claimed in the job-expense section of Schedule A, respondent             
          concedes that petitioner is entitled to $953 of those disallowed            






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