- 6 - 1993 1994 Gas & oil $3,588.08 $3,458.83 Lodging 7,547.28 7,478.77 Depreciation 500.00 3,000.00 Insurance 672.12 842.00 Interest - 0 - 1,660.89 Contract help 2,967.84 3,294.00 Postage 2,341.70 1,435.76 Rent & lease - 0 - 126.00 Supplies 1,431.11 2,175.31 Taxes & lic. 130.00 195.00 Airfare 335.12 - 0 - Meals 6,818.06 2,714.36 Telephone 1,604.80 2,349.16 Cleaning svc. 865.63 874.18 Car repair - 0 - 1,325.61 In the notice of deficiency, respondent disallowed all of the deductions claimed on the Schedules C. Respondent further determined that petitioner performed services for the DOI as an employee of the State rather than as an independent contractor. Discussion Generally, section 162(a) allows a taxpayer to deduct “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”, including the business of being an employee. See Commissioner v. Flowers, 326 U.S. 465 (1946); Primuth v. Commissioner, 54 T.C. 374, 377 (1970). In general, traveling expenses, including expenses for meals and lodging, qualify for deduction if the expenses are: (1) Reasonable and necessary; (2) incurred while the taxpayer is “away from home”; and (3) directly connected to the conduct of the taxpayer’s trade or business. Sec. 162(a)(2); CommissionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011