Jack C. Goins, Sr. and Edith M. Goins - Page 7




                                        - 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); Commissioner             






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