Mary S. and Gregory G. Webb - Page 10




                                        - 9 -                                         

          amount, time, place, and business purpose of the expense.  Sec.             
          274(d).  Even if such an expense would otherwise be deductible,             
          the deduction may still be denied if there is insufficient                  
          substantiation to support it.  Sec. 1.274-5T(a), Temporary Income           
          Tax Regs., supra.                                                           
               Petitioners deducted unreimbursed employee business expenses           
          for protective clothing of $693 and $529 for tax years 1996 and             
          1997, respectively.  Section 162 allows taxpayers to deduct                 
          amounts for work clothing by establishing that the clothing (1)             
          was required or essential in the taxpayer’s employment, (2) was             
          not suitable for general or personal wear, and (3) was not so               
          worn.  Yeomans v. Commissioner, 30 T.C. 757, 767 (1958); Kozera             
          v. Commissioner, T.C. Memo. 1986-604.  Petitioner testified that            
          he purchased leather work clothing, including coveralls, and                
          leather gloves for protection when welding.  He further testified           
          that these items were often damaged or “burnt up” throughout the            
          year.  We are satisfied that petitioner did incur some expenses             
          for these items.  Cohan v. Commissioner, supra.  We find that               
          petitioner incurred the expenses in the amounts claimed in their            
          1996 and 1997 income tax returns.  Kozera v. Commissioner, supra.           
               Petitioners deducted lodging expenses of $2,488 and $1,058             
          for 1996 and 1997, respectively, and a meals and entertainment              
          expense of $114 for 1996.  At trial, petitioner testified that he           
          kept a diary of lodging expenses for the years in issue; however,           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011