Jon R. Ecker - Page 10




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          training, to ensure that the new pilots were proficient with its            
          aircraft, and to ensure the safety of its passengers.  The                  
          evidence in the record clearly establishes that petitioner                  
          incurred unreimbursed expenses as a requirement of his employment           
          as a pilot with CE.                                                         
               The expense petitioner incurred for new-hire training is an            
          unreimbursed employee expense.  The miscellaneous business                  
          expense deduction, which includes unreimbursed employee expenses,           
          to which petitioner is entitled is deductible on petitioner's               
          Schedule A, Itemized Deductions.  Sec. 162(a); see also sec.                
          1.162-17, Income Tax Regs.  As an itemized deduction, it is                 
          subject to the 2-percent floor; that is, only the amount in                 
          excess of 2-percent of petitioner's adjusted gross income may be            
          deducted.  Sec. 67(a); sec. 1.67-1T(a)(1)(i), Temporary Income              
          Tax Regs., 53 Fed. Reg. 9875 (Mar. 28, 1988).                               
               Thus, we find that respondent’s determination denying                  
          petitioner’s deductions was made in error.  We hold that the                
          expense petitioner incurred for new-hire training was a                     
          deductible unreimbursed business expense.                                   
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   











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