- 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
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