Lon A. Bjornstad - Page 4




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          petitioner received $4,639 in 1995.  These wages were reported by           
          the city on a Form W-2, Wage and Tax Statement.                             
               Petitioner failed to file income tax returns for taxable               
          years 1990, 1992, 1993, 1994, and 1995.  On July 15, 1999,                  
          respondent mailed petitioner a notice of deficiency for those               
          years.  The deficiency was based on income from the band for the            
          taxable years in question and the city of Madison for 1995.                 
               On March 2, 2001, petitioner submitted to respondent’s                 
          counsel a band engagement log, returns, and completed Forms 1040,           
          U.S. Individual Income Tax Return, reflecting income received               
          from the band and the city of Madison.  The returns also                    
          reflected business expenses on a Schedule C, Profit or Loss From            
          Business, of $123 per day for the following numbers of days in              
          Chicago:  102 days in 1990, 97 days in 1992, 98 days in 1993, 101           
          days in 1994, and 75 days in 1995.  Petitioner did not claim                
          business expense deductions for his meals when the band played in           
          cities other than Chicago.                                                  
                                       OPINION                                        
               Section 162 allows deductions for all ordinary and necessary           
          expenses incurred in carrying on a trade or business.  Sec.                 
          162(a).  These expenses include traveling expenses (i.e., meals             
          and lodging) while away from home.  Sec. 162(a)(2).  However,               
          section 162 does not allow deductions for personal, living, or              








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